Opinion
No. 2:13-CV-01964-GEB-CKD
07-02-2015
BILL SCHROEDER, Plaintiff, v. WILLARD G. WOO, in his individual and representative capacity as trustee of the Woo WGECM 1998 Trust; GRACIE C. WOO, in her individual and representative capacity as trustee of the Woo WGECM 1998 Trust; SANI-FOOD MARKET INCORPORATED, a California Corporation, Defendants.
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Plaintiff seeks summary judgment on his claims against Defendants under the Americans with Disabilities Act ("ADA") and the Unruh Act, arguing that he is entitled to summary judgment since the deli counter and check-out counters at Sani Foods Market ("the Market") are more than 36 inches from the floor and less than 36 inches in length. However, Defendants state that the deli counter has been modified since Plaintiff's visit and Plaintiff replies he "will accept" this modification "as a solution for the inaccessible counter;" therefore, his motion concerning the deli counter is denied. (Reply 3:2-4, ECF No. 20.) Further, Plaintiff asserts it is uncontroverted that after his visit to the Market, "Defendants attempted to fix one of the [check-out] counters . . . by bolting [on] a small auxiliary counter." (Defs.' Resp. & Obj. PL's USF ("Pl. SUF") ¶ 14, ECF No. 19.) Plaintiff argues, and relies on a photo of the modified check-out counter in support of his argument, that the "auxiliary counter . . . [is an inadequate remedy since it] is quite small; clearly falling short of the required 36 inches in length." (PL's Not. & Mot. Summ. J. 7:26-8:3, ECF No. 17; see also Potter Decl. Ex. 11, ECF No. 17-13 (photo of the modified auxiliary check-out counter).) However, the photograph Plaintiff presents does not contain a measurement of the check-out counter's length, and therefore is insufficient to "show[] that there is no genuine dispute" as to the counter's compliance with the ADA and Unruh Act. Fed. R. Civ. P. 56(a). Therefore, Plaintiff's summary judgment motion on the Market's check-out counters is denied.
For the stated reasons, Plaintiff's summary judgment motion is DENIED. Dated: July 2, 2015
/s/_________
GARIAND E. BURRELL, JR.
Senior United States District Judge