Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ORLANDO GARCIA, Case No. 5:21-cv-04213-EJD

Plaintiff, ORDER DISMISSING ACTION FOR

LACK OF SUBJECT MATTER

v. JURISDICTION

H & D PROP, LLC, et al.,

Defendants.

13 Plaintiff Orlando Garcia filed this action against Defendants H & D Prop, LLC (“H & D”) and Diep K. Ngo, asserting violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51- 53. Dkt. No. 1. On February 17, 2022, the parties filed a stipulation to forego the joint site inspection required under General Order 56 because H & D has sold the real property where Ngo operates the business at issue, and Ngo’s business will permanently close once escrow closes. Dkt. No. 24. At the March 24, 2022 hearing, Defendants represented that escrow is scheduled to close on April 1, 2022, and that the building will be…