Theroux Jr. v. Marshalls of MA, Inc

Good Law
United States District Court, Southern District of CaliforniaFebruary 15, 20233:21-cv-00945California3,217 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 VERN ROBERT THEROUX JR., Case No. 3:21-cv-00945-L-BLM Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION TO DISMISS MARSHALLS OF MA, INC., et al., [ECF NO. 29]

Defendants.

Pending before the Court in this action alleging disability discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), and Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq. (“Unruh Act”), is a motion to dismiss filed by Defendants` FW CA-Point Loma Plaza, LLC and Regency Centers Acquisitions, LLC. (ECF No. 29.) Defendants argue this action should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of standing and mootness under Article III of the United States Constitution. Plaintiff filed an opposition and Defendants replied. For the reasons which follow, Defendants’ motion is granted in part and denied in part. Plaintiff is granted leave to amend. 27…

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