Peters

Peters v. Winco Foods, Inc.

Good Law
151 F. App'x 549
United States Court of Appeals for the Ninth CircuitOctober 20, 2005Nos. 03-17404, 04-15972California428 words

Opinion

Lead Opinion

MEMORANDUM **

Jo Ann Peters appeals the judgment of the district court. We affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.

I

The district court did not abuse its discretion in limiting a site inspection discovery request to the inspection of sites relevant to the claims alleged in the plaintiffs complaint. See Rutledge v. Elec. Hose & Rubber Co., 511 F.2d 668 (9th Cir.1975) (“[t]he function of a plaintiffs discovery is to secure evidence in support of his claims,”); Fed.R.Civ.P. 26, Advisory Committee Notes (2000 Amendments).

II

The district court did not err in granting summary judgment. The only Americans with Disability Act claim that Peters urges on appeal is the unpled contention that WinCo did not provide accessible produce scales. It is not necessary for us to reach the question of whether the issue was properly pleaded in the first instance, or whether produce scales are subject to the requirements of the Americans with Disability Act Accessibility Guidelines for Buildings and Facilities (“ADAAG”), see 56 Fed.Reg. 35,408 (July 26, 1991) (codified at 36 C.F.R. Pt. 1191, App. A), because the…

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