Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRIAN WHITAKER, Case No. 21-cv-03260-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS; AND DIRECTING

DEFENDANT TO ANSWER BY

ALLSAINTS SPITALFIELDS USA FEBRUARY 18, 2022 RETAIL LTD, an England Corporation, [Re: ECF 13] Defendant.

14 Plaintiff Brian Whitaker (“Whitaker”) sues Defendant AllSaints Spitalfields USA Retail LTD (“AllSaints”), alleging 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. AllSaints seeks dismissal of the complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), for lack of subject matter jurisdiction and failure to state a claim, respectively. The Court previously determined that the motion is suitable for decision without oral argument and vacated the hearing. See Order Submitting Motion, ECF 23. …