Louie
Louie v. Carichoff
Opinion
lead Opinion
ORDER
The petition for panel rehearing is granted in part. The memorandum disposition filed May 16, 2008, and appearing at 279 Fed.Appx. 465 , is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. An amended memorandum disposition is filed contemporaneously.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. RApp. P. 35. Therefore, the petition for rehearing en banc is denied.
MEMORANDUM **
George S. Louie appeals the dismissal with prejudice of his First Amended Corn- *581 plaint alleging violations of Title III of the Americans with Disabilities Act (“ADA”) and related state law for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), and the district court’s award of attorney’s fees. The parties are familiar with the facts and we do not repeat them here except as necessary. We review the district court’s grant of a motion to dismiss de novo. Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025,1030 (9th Cir.2008).
Louie fails to state a claim under 42 U.S.C. § 12182 (b)(1)(D), because an…