Love

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SAMUEL LOVE, Case No. 19-cv-00987-AGT

Plaintiff,

ORDER ON (I) CROSS MOTIONS FOR

v. SUMMARY JUDGMENT (II) MOTION

FOR LEAVE TO AMEND THE

BIUON INC., COMPLAINT Defendant. Re: Dkt. Nos. 48, 54,

The summary-judgment record, as supplemented by oral argument, reveals that Samuel Love’s ADA claim is moot. Love identified one—and only one—discriminatory barrier to access in his complaint. He alleged that when he visited the defendant’s gas station, he found parking spaces for customers, but none that were wheelchair accessible. Subsequent discovery revealed that the gas station no longer offers any public parking, neither for wheelchair- nor non- wheelchair-using customers. Love’s own expert admits this. See Nnaji Rpt., ECF No. 48-8 at 7 (“There are a total of 0 parking stalls in the parking lot that could be reasonably associated with this facility.”). And Love doesn’t disagree. He…