Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03045-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 15 AMT TECH, INC., Defendant.

12 The motion to dismiss filed by defendant AMT Tech, Inc., Dkt. No. 15, is suitable for decision without oral argument pursuant to Civil L.R. 7-1(b). The hearing set for August 19, 2021, is vacated, and the request to dismiss plaintiff Whitaker’s Americans with Disabilities Act (ADA) claim is denied. AMT’s main argument is that Whitaker v. Tesla Motors, Inc., 985 F.3d 1173 (9th Cir. 2021), a case brought by the same plaintiff here, bars the ADA claim. In Whitaker, the circuit panel affirmed a dismissal of Whitaker’s claims because the complaint alleged only that Tesla “failed to provide accessible service counters,” without stating whether the counters were too low, too high, or inaccessible for a different reason. Id. at 1177. The panel concluded that, “[w]ithout this sort of factual detail,” Tesla was “left in the dark about how…