Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRIAN WHITAKER, Case No. 5:21-cv-00667-EJD

Plaintiff, ORDER GRANTING MOTION FOR

SUMMARY JUDGMENT

v.

BRIGHTON COLLECTIBLES, LLC, Re: ECF No. 29 Defendant.

Pending before the Court is Defendant Brighton Collectibles, LLC’s (“Brighton”) motion for summary judgment (“MSJ”). ECF No. 29. Having carefully considered the briefing and record in this matter, the Court finds the motion appropriate for decision without oral argument under Civil Local Rule 7-1(b). For the reasons stated below, the Court GRANTS Brighton’s motion for summary judgment. I. BACKGROUND Plaintiff Brian Whitaker (“Plaintiff”) suffers from a spinal cord injury and uses a wheelchair for mobility. Compl. ¶ 1, ECF No. 1. In January 2021, Plaintiff visited a store owned by Brighton to access its goods and to determine if the store was compliant with the Americans with Disabilities Act (“ADA”) and the Unruh Civil Rights…