Warner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WADE WARNER, Case No. 21-cv-05666-HSG

Plaintiff, ORDER DISMISSING CASE v.

DENNIS JAY DELANO, Defendant.

12 Plaintiff Wade Warner filed this action against Defendant Dennis Delano on July 23, 2021. See Dkt. No. 1. The Court previously granted Defendant’s motion to dismiss, Dkt. No. 22, and Plaintiff filed an amended complaint, Dkt. No. 23 (“FAC”). Plaintiff alleges that Defendant violated the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act by denying him the ability to shop at the Fairfax Market without a mask in April 2021 based on concerns about COVID-19. See FAC at ¶¶ 2–3, 10–11, 14–27. Defendant has again moved to dismiss the FAC in its entirety. See Dkt. No. 46. In the process of reviewing Defendant’s motion to dismiss, a more fundamental issue arose regarding whether the Court still has subject matter jurisdiction over Plaintiff’s ADA claim if the mask mandate at the store has…