Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRIAN WHITAKER, Case No. 21-cv-01480-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS FIRST AMENDED

COMPLAINT; AND DIRECTING

URBN US RETAIL LLC, DEFENDANT TO ANSWER BY

FEBRUARY 18, 2022

Defendant. [Re: ECF 20]

14 Plaintiff Brian Whitaker (“Whitaker”) sues Defendant URBN US Retail LLC (“URBN”) for alleged violations of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., and California’s Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq. URBN seeks dismissal of the operative first amended complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(6). The Court previously determined that the motion is suitable for decision without oral argument and vacated the hearing. See Order Submitting Motion, ECF 26. The motion is DENIED for the reasons discussed below. I. BACKGROUND Whitaker alleges the following facts,…