Antonio Fernandez v. O Reilly Auto Enterprises, LLC

I. INTRODUCTION & BACKGROUND

1188 1199 On June 24, 2019, Plaintiff Antonio Fernandez filed a Complaint asserting a 2200 claim for injunctive relief arising out of an alleged violation of the Americans with 2211 Disabilities Act (“ADA”) and a claim for damages pursuant to California’s Unruh 2222 Act. (Compl., ECF No. 1.) Presently before the Court is Defendant O’Reilly Auto 2233 Enterprises, LLC’s Motion to Dismiss Plaintiff’s Unruh Act claim under Federal Rule 2244 of Civil Procedure (“Rule”) 12(b)(1). (Mot. Dismiss Unruh Act Claim (“Motion” or 2255 “Mot.”), ECF No. 34.) The matter is fully briefed. (Opp’n, ECF No. 36; Reply, ECF 2266 No. 38.) For the reasons discussed below, the Court GRANTS Defendant’s Motion.1 2277

2288 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. 1 II. LEGAL STANDARD 2 Rule 12(b)(1) allows a defendant to seek dismissal of a complaint for lack of 3 subject matter jurisdiction. A defendant may bring a Rule 12(b)(1) motion to dismiss 4 based on a lack of standing. See White…