Brain Whitaker v. Emilia M. Rodriguez

I. INTRODUCTION

On January 17, 2020, Brian Whitaker (“Plaintiff”) filed a Complaint against Emilia M. Rodriguez and Old Town Restaurant, LLC (“Defendants”), alleging claims for violation of (1) the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. (2) California’s Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53. The Court subsequently declined to exercise supplemental jurisdiction over Plaintiff's Unruh Act claim, (see ECF No. 11), and dismissed that claim. Plaintiff's ADA claim arises from certain barriers to accessibility that he encountered when he visited Defendants’ restaurant in August of 2019. Presently before the Court is Defendants’ Motion for Summary Judgment (“Motion”) (ECF No. 51). For the reasons that follow, the Court DISMISSES Plaintiff's ADA claim as moot and DENIES the Defendants’ Motion as moot.

II. FACTUAL BACKGROUND

The following is undisputed. Plaintiff is substantially limited in his ability to walk, suffers from a C-4 spinal cord injury, and uses a Wheelchair for mobility. (Compl. 1, ECF No. 1). Defendant Old Town Restaurant, LLC. owns C.O.D. Seafood House and Raw Bar (“Restaurant”) located at 8408 W. 3rd Street,…