Simmons
Simmons v. Doane
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ROBERTA E. SIMMONS, Case No. 20-cv-01044-VKD
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS AMENDED
COMPLAINT
JOHN DOANE, Re: Dkt. No. 27 Defendant.
13 I. BACKGROUND Pro se plaintiff Roberta E. Simmons sues John Doane for alleged disability discrimination and other injuries. Broadly construed, Ms. Simmons’s complaint appeared to assert claims for violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. and for personal injuries, arising from an alleged incident in which Mr. Doane placed a letter under the windshield wiper of Ms. Simmons’s vehicle.1 The Court previously granted Mr. Doane’s Rule 12(b)(6) motion to dismiss, finding that Ms. Simmons’s complaint failed to state sufficient facts to support a plausible claim for relief and that her claims appeared to be untimely in any event. Dkt. No. 18. Ms. Simmons was given 30 …