D'Lil

D'Lil v. Riverboat Delta King, Inc.

Good Law
59 F. Supp. 3d 1001·2014 WL 4795050·2014 U.S. Dist. LEXIS 135836
United States District Court, Eastern District of CaliforniaSeptember 25, 2014Civ. No. 2:11-2230 WBS ACCalifornia8,473 words

Opinion

Lead Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, FOR A STAY

Plaintiff Hollynn D’Lil, a paraplegic, brought this action under the Americans *1004 with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and analogous state laws against defendants Riverboat Delta King, Inc. (“Delta King”) and the City of Sacramento arising out of the physical obstacles she allegedly encountered while visiting the Delta King. Delta King now moves for summary adjudication regarding certain alleged barriers pursuant to Federal Rule of Civil Procedure 56 or, alternatively, for a stay.

I. Factual & Procedural History

The Delta King was a five-story vessel built over eighty-five years ago in the late 1920s. It carried passenger traffic between Sacramento and San Francisco until 1940. After some wartime service with the federal government, it had become a derelict vessel by the 1960s. By the 1980s, it was submerged near Rio Vista to the middle of the third deck. In 1984, the Coyne family purchased the vessel and brought it to Sacramento for restoration.

From 1984 to 1989, the Coyne family rehabilitated the Delta King, converting it from a passenger vessel to a hotel with a…

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