Garcia

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ORLANDO GARCIA, Case No. 22-cv-00158-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v.

DISMISS FOR LACK OF

JURISDICTION

MARTIN PENA, et al., Defendants.

Before the Court is a motion to dismiss for lack of subject matter jurisdiction by Defendants Martin Pena and Sara Pena (collectively, Pena). See Mot. (dkt. 14). Pena argues that Plaintiff Orlando Garcia lacks standing for injunctive relief because a CASp inspector has found that the barriers that allegedly violated the Americans with Disabilities Act (ADA) have been removed. The Court ordered the parties to schedule a site inspection and file declarations as to whether the barriers exist. Pena declares that Garcia’s counsel did not bring a CASp inspector to the site inspection and did not dispute that the barriers have been removed. Dkt. 20. Garcia’s counsel declined to file a declaration at all. The Court finds oral argument unnecessary and GRANTS Pena’s motion to dismiss. I. …