Miller v. Ceres Unified School District
Opinion
Lead Opinion
Nunley, J.
ORDER
This matter is before the Court pursuant to Defendants Shawna Nunes, Scott Siegel, Linda Stubbs and Ceres Unified School District’s (“Defendants”) Motion to Dismiss Plaintiffs First Amended Complaint (“FAC”). (ECF No. 19.) Plaintiff Jack Miller (“Plaintiff’) has filed an opposition to Defendants’ motion. (ECF No. 34.) The Court has carefully considered the arguments raised in Defendants’ motion and reply, as well as Plaintiffs opposition. For the reasons set forth below, the Court DENIES Defendants’ Motion to Dismiss.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Plaintiff first filed his Complaint on January 6th, 2015. (ECF No. 1.) Plaintiff then filed his First Amended Complaint (“FAC”) against all Defendants on March Í9th, 2015.' (ECF No. 13.) Plaintiff claims Defendants, either individually' or collectively, violated (1) Title III of the Americans with Disabilities Act' (“ADA”), (2) the Unruh Civil Rights Act, (3) the California Disabled Persons Act, (4) Title II of the ADA, and (5) Section 504 of the Rehabilitation Act of 1972 (“Section 504”). (ECF No. 13.) Only the fourth and fifth causes of action in the FAC are stated against the Defendants at. issue here.