Whitaker
Whitaker v. Peet's Coffee, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 BRIAN WHITAKER, Case No. 21-cv-05163-BLF
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS AND REQUEST FOR
EVIDENTIARY HEARING
PEET'S COFFEE, INC., [Re: ECF No. 13] Defendant.
12 Before the Court is Defendant Peet’s Coffee, Inc.’s (“Defendant”) Motion to Dismiss for lack of subject matter jurisdiction and Request for Evidentiary Hearing. ECF No. 13 (“Mot.”). Plaintiff opposes the Motion. ECF No. 17 (“Opp.”). The Court found the Motion suitable for disposition without oral argument and vacated the hearing set for March 17, 2022. ECF No. 28; Civ. L.R. 7-1(b). Because the Court holds that Plaintiff has adequately alleged standing both to assert his ADA claim and seek injunctive relief, Defendant’s Motion is DENIED. I. BACKGROUND Per his Complaint, Plaintiff is a quadriplegic who suffers from a C-4 spinal cord injury and uses a wheelchair for mobility. ECF No. 1…