Pickern v. Holiday Quality Foods Inc.

Full title: Brenda PICKERN; Floyd Smyth; Paul Heard, Plaintiffs, v. HOLIDAY QUALITY…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 21, 2002

31 F. App'x 422 (9th Cir. 2002)

Opinion

31 Fed.Appx. 422 (9th Cir. 2002) Brenda PICKERN; Floyd Smyth; Paul Heard, Plaintiffs, and Jerry Doran, Plaintiff--Appellant, v. HOLIDAY QUALITY FOODS INCORPORATED, Defendant--Appellee. No. 00-17203. D.C. No. CV-99-00386-WBS. United States Court of Appeals, Ninth Circuit. February 21, 2002

Argued and Submitted February 12, 2002.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Eastern District of California; William B. Shubb, District Judge, Presiding.

Before THOMPSON, W. FLETCHER and BERZON, Circuit Judges.

ORDER ^*

* This order is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

This case is REMANDED to the district court for the limited purpose of determining

Page 423.

whether plaintiff-appellant's claims under Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. ("ADA") are moot. Appellant has claimed that defendant-appellee's markets in Paradise, California and Anderson, California do not comply with the ADA, but counsel for defendant-appellee indicated at oral argument that the markets may now be in compliance. The district court shall determine within 90 days whether appellant's claims as to the Paradise and Anderson stores are moot. The 90-day time period may be extended by the district court in its discretion.

This panel will retain jurisdiction over this appeal pending the determination by the district court.

REMANDED.