Lary Feezor v. Hanesbrands Direct

MEMORANDUM

Lary Feezor appeals the district court’s grant of summary judgment against him as to his action brought pursuant to the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., and California state law. We affirm. Because the parties are familiar with the history of the case, we need not recount it here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review a grant of summary judgment de novo. Metro. Life Ins. Co. v. Parker, 436 F.3d 1109, 1113 (9th Cir.2006).

Plaintiff alleges four ADA violations against Defendant Eddie Bauer and four ADA violations against Defendant Han-esBrands. Plaintiff has conceded that six of these alleged violations have been remedied, rendering these claims moot. See Oliver v. Ralphs Grocery Co., 654 F.3d 903, 905 (9th Cir.2011) (“Because a private plaintiff can sue only for injunctive relief (i.e., for removal of the barrier) under the ADA ... a defendant’s voluntary removal of alleged barriers prior to trial can have the effect of mooting a plaintiffs ADA claim.”).

As for the remaining two claims, Plaintiff alleges that the entrance doors at the Eddie Bauer and HanesBrands stores feature panel handles that…