Pereira
Pereira v. Ralphs Grocery Co.
Lead Opinion
MEMORANDUM **
The defendant’s “voluntary cessation of allegedly illegal conduct” did not moot this case. United States v. W.T. Grant Co., 345 U.S. 629, 632 , 73 S.Ct. 891 , 97 L.Ed. 1303 (1953). The plaintiff has standing to challenge “all barriers” at Ralphs that are related to his disability, not just those identified in the F & F Report. Doran v. 7-Eleven, Inc., 524 F.3d 1034, 1047 (9th Cir.2008).
REVERSED & REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Dissenting Opinion
Quist, J.
dissenting:
I dissent. The plaintiff in Doran presented evidence of additional barriers that became known through discovery. Here, plaintiffs failed to present evidence of barriers beyond those disclosed in the F & F Report in their response to Ralph’s motion for summary judgment. In addition, Do-ran involves the issue of standing while the instant case involves a district judge’s discretion. I would affirm the district court.