Daubert

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS AND DENYING APPLICATION FOR STAY AND EARLY EVALUATION CONFERENCE (Docs. No. 4 and 6)

Plaintiffs Timothy Daubert (“Daubert”) and Roger Cortez (“Cortez”) (“Plaintiffs,” collectively) bring this action against the City of Lindsay (“City”). Plaintiffs allege disability-related causes of action under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act (“RA”), and the California Disabled Persons Act (“DPA”). The City filed this Rule 12(b)6 motion to dismiss Plaintiff Cortez’s complaint in full for failure to. state a claim upon which relief can be granted. Subsequently, the City filed an application for stay and an early evaluation conference. For the reasons set forth below, the City’s motion will be denied in part and granted in part. The application for stay and early evaluation conference will be denied.

I. Background

Cortez’s great-granddaughter has significant disabilities, including lack of motor skills, and uses a wheelchair for mobility. Doc. No. 1, (“Complaint”) at ¶ 5; Doc. No. 18 at 2:13-14. Cortez’s great-granddaughter is a “qualified person with a disability” and a “physically…