(PS) Van den Heuvel v. El Dorado County Transit

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN MARC VAN DEN HUEVEL, No. 2:22–cv–1734–DAD–KJN PS Plaintiff, FINDINGS & RECOMMENDATIONS ON

DEFENDANT’S MOTION TO DISMISS

v. (ECF No. 11.) EL DORADO COUNTY TRANSIT, et al., Defendants. 16 Plaintiff’s first amended complaint (ECF No. 6), when liberally construed at the screening phase, appeared to assert a cause of action under the Americans with Disabilities Act (“ADA”) for defendant El Dorado County Transit’s failure to provide plaintiff with transportation services despite his disabilities. (ECF No. 7.) Defendant now moves to dismiss, asserting that because the complaint states plaintiff did receive transportation services—just not the particular drop-off point he requested—his ADA claim fails. Defendant requests leave to amend be denied as futile (ECF Nos. 11, 15.). Plaintiff opposed dismissal by referencing his physical condition and the county’s library branch, and by lodging personal attacks on defense counsel. (ECF No. 14.) For…