Dozier

Dozier v. Gasco Inc.

Good Law
United States District Court, Eastern District of CaliforniaNovember 7, 20231:23-cv-00606California2,629 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE DOZIER, an individual, No. 1:23-cv-00606-DJC-AC 11 Plaintiff, 12 v. ORDER DENYING MOTION TO

TRANSFER VENUE AND DISMISSING

GASCO, INC., a California WITH LEAVE TO AMEND UNDER RULE corporation, 12(B)(1) 15 Defendant. 16 17 Plaintiff Lee Dozier alleges that Defendant Gasco, Inc. (“Gasco”), the purported owner of real property in Modesto, California where a College Market resides, violated the Americans with Disabilities Act by failing to make accommodations at the College Market and also violated California’s Unruh Civil Rights Act. Gasco seeks transfer to the Northern District of California under 28 U.S.C. §§ 1391(b) and 1404(a). As explained below, the Court DENIES Gasco’s Motion to Change or Transfer Venue (ECF No. 9) because the Court finds that Plaintiff has insufficiently pleaded a credible intent to return to the College Market to pursue his federal claim and thus a credible threat of an imminent or likely injury in the future. Because Plaintiff…

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