Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 BRIAN WHITAKER, Case No. 21-cv-09655-WHO

Plaintiff,

ORDER DISMISSING CASE

v. 8 Re: Dkt. No. 38 TJ TECHNOLOGY LLC, Defendant.

11 Plaintiff Brian Whitaker filed this suit in December 2021, alleging that defendant TJ Technology LLC (“TJ Technology”) violated the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act by not providing a wheelchair-accessible sales counter at a cell phone repair shop. See Dkt. No. 1. Whitaker now concedes that his claim for injunctive relief under the ADA, the only remedy available to him for that claim, is moot. See Dkt. No. 38; see also Arroyo v. Rosas, 19 F.4th 1202, 1211 (9th Cir. 2021). Accordingly, the ADA claim is DISMISSED with prejudice. The ADA claim is the only source of subject-matter jurisdiction in this case, as the parties are both citizens of California and the amount in controversy does not exceed $75,000. See 28 U.S.C. §§ 1331, 1332. Having dismissed Whitaker’s sole federal law claim,…