Rutherford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES RUTHERFORD Case No.: 19cv1416-LAB (JLB)

Plaintiff,

ORDER OF PARTIAL

v. DISMISSAL CESAR’S MEXICAN RESTAURANT, LLC, et al., 15 Defendants.

17 Plaintiff James Rutherford, through counsel, filed his complaint bringing 18 claims under the Americans with Disabilities Act (ADA), and supplemental state 19 claims. Because the complaint failed to establish Article III standing, the Court 20 issued an order to show cause specifically pointing out the defects. (Docket no. 3.) 21 Rutherford is a frequent litigant in this Court, and similar defects have been pointed 22 out to him before. Among other things, the complaint suggested that Rutherford’s 23 injury stemmed from conditions in Defendants’ restaurant parking lot that made it 24 inaccessible for wheelchair users. He did not, however, allege that he ever used a 25 wheelchair in the parking lot, or that he had any plans to do so in the future. 26 According to the complaint, Rutherford at time uses a wheelchair, but at…