Mahon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANCIS MAHON, No. 2:14-cv-02972-TLN-EFB Plaintiff, v. ORDER DISMISSING CASE PURSUANT TO RULE 25(a)(1) MORTON GOLF, LLC, Defendant. 16 This matter is before the Court on Defendant Morton Golf, LLC’s (“Defendant”) Motion to Dismiss for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (ECF No. 36.) Plaintiff Francis Mahon (“Plaintiff”) opposes the motion. (ECF No. 37.) For the reasons set for below, Defendant’s motion is hereby DENIED, however, this case is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 25(a)(1). /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff’s initial Complaint was removed to this Court on December 24, 2014, and alleged violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”). (ECF No. 1.) Plaintiff, a golfer with a disability, alleged…