Erasmus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MEGAN D. ERASMUS, ) Case No.: 1:21-cv-1256 JLT SAB ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTION ) TO DISMISS WITH LEAVE TO AMEND v. ) ) (Doc. 14) ALLEN T. CHIEN, D.D.S, dba FRESNO )

ORAL MAXILLOFACIAL SURGERY & )

DENTAL IMPLANT CENTER, et al., ) ) Defendants. ) )

Megan Erasmus asserts that the website of Fresno Oral Maxillofacial Surgery & Dental Implant Center failed to comply with accessibility requirements under the Americans with Disabilities Act and California law, because the video content lacked closed captioning. (See generally Doc. 1.) Defendants seek dismissal of the Complaint pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting Erasmus lacks standing and failed to state a claim upon which relief may be granted. In addition, Defendants contend any claim under the ADA is moot because all videos on the website currently contain closed captioning. (Doc.…