Pickern

Pickern v. Best Western Timber Cove Lodge Marina Resort

Good Law
194 F. Supp. 2d 1128·2002 WL 485703·2002 U.S. Dist. LEXIS 6641
United States District Court, Eastern District of CaliforniaApril 1, 2002CIV.S-00-1637 WBS/DADCalifornia2,670 words

Opinion

Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: TIMBER COVE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; TIMBER COVE DEFENDANTS’ MOTION FOR RECONSIDERATION; FIRST RESORT’S MOTION TO DISMISS

Plaintiff alleges that defendants violated Title III of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and various California statutes. Defendants Best Western Timber Cove Lodge, Robert Maloff, Lisa Maloff, George Karadanis and Elise Karadanis (collectively, the “Timber Cove defendants”) now move for summary judgment on the ADA claim on the grounds that it is moot, and request that the court dismiss the remaining state claims. Defendant First Resorts Hotel and Restaurant Services of Lake Tahoe (“First Resorts”) moves to dismiss the case, also on the grounds that it is moot. Plaintiff agrees that her ADA claim is moot, but argues that this court should retain jurisdiction over the state claims.

I. Factual and Procedural Background

Plaintiff is a person with disabilities who requires a wheelchair for mobility. (Pic-kern Decl. ¶ 1.) The Timber Cove Defendants allegedly own and operate the Best Western Timber Cove Lodge in Lake Tahoe (“Timber Cove”). First Resorts leases space from the Timber Cove…

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