1 2

3

4

5

6

7 8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10 11 VERN ROBERT THEROUX JR., Case No. 3:21-cv-00945-L-BLM 12 Plaintiff, ORDER GRANTING MOTION TO

DISMISS

13 v. [ECF NO. 20] 14 MARSHALLS OF MA, INC., et al.,

15 Defendants. 16 17

18

19 Pending before the Court in this action alleging disability discrimination in 20 violation of the Americans with Disabilities Act , 42 U.S.C. § 12101 et seq., and Unruh 21 Civil Rights Act, Cal. Civ. Code § 51 et seq., is a motion to dismiss filed by Defendant 22 Marshalls of MA, Inc. (“Marshalls”). Marshalls argues all claims asserted against it 23 should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of 24 standing under Article III of the United States Constitution. Plaintiff, who is represented 25 by counsel, was to file an opposition, if any, no later than November 1, 2021. No 26 opposition has been filed to date. Marshalls’ motion is therefore granted as unopposed. 27 See Civ. Loc. Rule 7.1(f)(3)(c); Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995). All 28 / / / / / ! || claims asserted against Defendant Marshalls of MA, Inc. are dismissed without prejudice 2 pursuant to Federal Rule of Civil Procedure 12(b)(1). 3 IT IS SO ORDERED. 4 5 ||Dated: April 4, 2022 (ae flap? 7 H . James Lorenz, 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28