Whitaker

Whitaker v. VNAP, LLC

Good Law
United States District Court, Northern District of CaliforniaApril 19, 20223:21-cv-08755California2,039 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-08755-TSH

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

VNAP, LLC, et al., Re: Dkt. No. 19 Defendants.

12 I. INTRODUCTION Pending before the Court is a Motion to Dismiss, filed by Defendants VNAP, LLC and Van Ness Pizzeria Inc. ECF No. 19. On April 5, 2022, Plaintiff Brian Whitaker filed an Opposition (ECF No. 24) and, on April 13, 2022, Defendants filed a Reply (ECF No. 25). The Court finds this matter suitable for disposition without oral argument and VACATES the April 28, 2022 hearing. See Civ. L.R. 7-1(b). Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS Defendants’ Motion to Dismiss for the following reasons.1 II. BACKGROUND Whitaker is a quadriplegic who uses a wheelchair for mobility. Compl. ¶ 1, ECF No. 1. VNAP, LLC owns…

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