United States v. AMC Entertainment, Inc.

ORDER GRANTING THE GOVERNMENT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON NON-LINE-OF-SIGHT ISSUES; ORDER DENYING DEFENDANT’S MOTION FOR INTERLOCUTORY APPEAL.

This matter is before the Court on the Government’s Motion for Partial Summary Judgment on the Non-Line-of-Sight Issues (docket #379), and on Defendant’s Motion for Interlocutory Appeal (docket # 409). This matter was heard on January 21, 2003, at which time the parties were in receipt of the Court’s tentative Order. For the reasons set forth below, the Court hereby grants the Motion for Partial Summary Judgment, and hereby denies the Motion for Interlocutory Appeal.

In resolving the Motion for Partial Summary Judgment, the Court examines evidence gathered by the Government’s expert, Bill Hecker, in two-to-three-day inspections of twelve of Defendant’s Theaters. The Court concludes that the un-controverted evidence establishes that AMC has engaged in a pattern and practice of violating the ADA.

I. Factual Background

A. AMC’s Theaters

Defendant AMC Entertainment, Inc., and American Multi-Cinema, Inc., a wholly owned subsidiary of AMC (collectively referred to as “AMC”), are corporations with principal places of business in…