Johnson v. Fogo De Chao Churrascaria (San Jose) LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 SCOTT JOHNSON, Case No. 21-cv-02859-BLF
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
FOGO DE CHAO CHURRASCARIA (SAN [Re: ECF No. 17]
JOSE) LLC,
11 Defendant. 12 Before the Court is Defendant Fogo De Chao Churrascaria (San Jose) LLC’s (“Defendant”) Motion to Dismiss for failure to state a claim and lack of subject matter jurisdiction. ECF No. 17 (“Motion”). Plaintiff opposes the Motion. ECF No. 20 (“Opp.”). The Court finds the Motion suitable for disposition without oral argument and VACATES the hearing set for September 30, 2021. Civ. L.R. 7-1(b). Because the Court holds that Plaintiff has stated cognizable claims and that he has standing both to assert his ADA claim and seek injunctive relief, Defendant’s Motion is DENIED. I. BACKGROUND Plaintiff alleges that he is a level C-5 quadriplegic who cannot walk and has significant manual dexterity impairments. ECF No. 14…