Mcilrath

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT JOHNSON, No. 2:15-cv-00180-MCE-DB Plaintiff, v. ORDER JAY C. MCILRATH, in his individual and representative capacity as Trustee—The Mcilrath Family 2002 Trust, 16 Defendant. 17 Through the present action, Plaintiff Scott Johnson seeks damages and injunctive relief against Defendant Jay C. Mcilrath as Trustee of The Mcilrath Family 2002 Trust for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101–12213, and California’s Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code § 51. Plaintiff claims he encountered various physical barriers at Defendant’s store in Stockton, California. Plaintiff previously moved for summary judgment, ECF No. 29, in response to which Defendant argued that the Defendant trustee, Jay C. Mcilrath, had passed away and that the proper real party in interest is the Mcilrath Family Limited Partnership, ECF No. 31. Given the foregoing, this Court issued an Order to Show Cause…