Brian Whitaker v. ELC Beauty LLC

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United States District Court Central District of California

10 11 Brian Whitaker, Case No. 8:19-cv-00407-ODW (JDEx) Plaintiff, v. ORDER GRANTING

DEFENDANT’S MOTION TO

14 ELC Beauty LLC, DISMISS FOR FAILURE TO STATE Defendant. A CLAIM [12] 16 17 I. INTRODUCTION Defendant ELC Beauty LLC (“ELC”) moves to dismiss Plaintiff Brian 20 Whitaker’s (“Whitaker”) complaint for lack of subject matter jurisdiction under Federal 21 Rule of Civil Procedure (“FRCP”) 12(b)(1) and failure to state a claim under FRCP 22 12(b)(6). (Def.’s Mot. to Dismiss (“Mot.”), ECF No. 12.) For the reasons below, ELC’s 23 Motion is GRANTED, and Whitaker is granted leave to amend his complaint.1 II. BACKGROUND Whitaker initiated this action on February 28, 2019, for violations of the 26 Americans with Disabilities Act (“ADA”) and a related state-law claim. (Compl., ECF 27 28 1 After carefully considering the papers filed in support of the…