Romans v. Incline Village General Improvement District

MEMORANDUM

The district court did not abuse its discretion in concluding that Wayne Romans was barred by laches from seeking relief under the Americans with Disabilities Act (“ADA”) against Incline Village General Improvement District (“IVGID”). Because none of the district court’s conclusions were “[1] illogical, [2] implausible, or [3] without support in inferences that may be drawn from the facts in the record,” United States v. Hinkson, 585 F.3d 1247, 1263 (9th Cir. 2009) (en banc), we affirm.

“Under laches ... ‘[IVGID] first must make a prima facie showing of prejudice[.] If [it] meets that burden, the burden of production of evidence then shifts to [Romans] to show either that [IVGID] actually was not prejudiced or that [he] exercised reasonable diligence in filing the claim.” United States v. Riedl, 496 F.3d 1003, 1008 (9th Cir. 2007) (quoting Telink, Inc. v. United States, 24 F.3d 42, 47 (9th Cir. 1994)). IVGID made a prima facie showing that it was prejudiced as a result of Romans’s delay. Therefore, Romans has the burden to show that either he exercised reasonable diligence in filing his complaint or IVGID was not prejudiced. See id. The district court’s discretionary…