Smith v. SFM LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Maria Smith, No. 2:21-cv-01030-KJM-DB Plaintiff, ORDER v. Henry’s Holdings, LLC, 1S Defendant. 16 Maria Smith alleges she was removed from a grocery store in Sacramento because she was not wearing a mask. First Am. Compl. ff 1, 9, ECF No. 5. She alleges she has a “disability” or “medical exception” that prevents her from wearing a mask, but she does not 20 identify her disability or medical condition. See id. J§ 1,2, 9. She brought this action under the Americans with Disabilities Act and the California Unruh Civil Rights Act. See id. 12-16. The store now moves to dismiss. See generally Mot., ECF No. 10; Mem., ECF No. 11. Its motion is fully briefed. See generally Opp’n, ECF No. 19; Reply, ECF No. 22. The court 24 submits the motion without oral argument and grants it with leave to amend, as explained 25 below. The court turns first to the store’s…