Whitaker

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-07698-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

PEET’S COFFEE, INC., Re: Dkt. No. 24 Defendant.

Brian Whitaker sued Peet’s Coffee under the Americans with Disabilities Act and California’s Unruh Act, alleging that he was denied access to one of the company’s shops. Peet’s has argued that the case should be dismissed for a variety of reasons. It contends that Whitaker lacks standing to assert his claim for injunctive relief under the ADA because Whitaker’s allegation that he had an intent to return to the shop when he filed his complaint was false. Peet’s also contends that the ADA claim should be dismissed as moot because the accessibility barrier alleged in the complaint has been removed. Finally, Peet’s contends that the Court should decline to exercise supplemental jurisdiction over the Unruh Act claim. Because Whitaker agrees that Peet’s has remedied the alleged ADA violation, the ADA claim is dismissed as moot. The Unruh Act claim is dismissed because the Court declines to exercise supplemental jurisdiction. See…