Pickern

Pickern v. Pier 1 Imports (U.S.), Inc.

Good Law
457 F.3d 963·2006 WL 2061178
United States Court of Appeals for the Ninth CircuitJuly 25, 200604-17118California2,773 words

Opinion

Opinion

Hug, J.

ORDER AND OPINION

ORDER

The mandate issued on May 8, 2006 is hereby recalled. The request to publish the unpublished Memorandum disposition is granted. The Memorandum disposition filed April 14, 2006, is withdrawn and replaced with an opinion authored by Judge Hug.

OPINION

Brenda Piekern appeals the district court’s grant of summary judgment to defendants/appellees Pier 1 Imports (U.S.), Inc. and Siegmund Weinstock Family Trust (collectively “the Appellees”). In granting summary judgment, the district court held that the Appellees had no obli gation under Title III of the Americans with Disabilities Act (“ADA”) to build an access ramp to the Pier 1 Imports store (“the Store”) over land owned and operated by the City of Chico. The district court also decided that it need not address allegations of additional ADA violations because Pickern’s pleadings did not provide sufficient notice of those allegations and because Pickern submitted the expert report supporting those allegations after the deadline contained in the court’s scheduling order. We affirm.

I. Factual and Procedural Background

Pickern is a visually-impaired and mobility-impaired woman who depends on an electric…

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