Opinion
21-cv-02445-LB
03-30-2022
BRIAN WHITAKER, Plaintiff, v. HELEN V. CHAN, et al., Defendants.
ORDER GRANTING IN PART ADMINISTRATIVE MOTION Re: ECF No. 26
LAUREL BEELER UNITED STATES MAGISTRATE JUDGE
ORDER
The plaintiff sued the owners of property where the Versailles Hair Salon is located for violating the Americans with Disabilities Act of 1990 (ADA) and California's Unruh Civil Rights Act. The plaintiff asserts that the Versailles Hair Salon was inaccessible to wheelchair users like himself. In his motion for administrative relief, the plaintiff asks the court to (1) order the defendants to provide three dates of availability for a site inspection and (2) extend the General Order 56 site inspection deadline to April 30, 2022. Defense counsel claims that he has not received communications from plaintiffs' counsel in more than five months. Furthermore, the defendant asserts that because the Versailles Hair Salon closed in May 2021, the complaint should be dismissed under Brian Whitaker v. Le Marais Bakery, LLC No. 21-cv-06590-TSH, 2022 WL 827643, at *4-5 (N.D. Cal. Mar. 18, 2022) (dismissing similar ADA and Unruh Act claims after the subject business permanently closed).
Compl. - ECF No. 1 at 2, 5-7 (¶¶ 2-5, 24-34). Citations refer to material in the Electronic Case File (ECF); pinpoint citations are to the ECF-generated page numbers at the top of documents.
Id. at 3-5 (¶¶ 10-23).
Mot. for Admin. Relief - ECF No. 26 at 2.
Resp. to Mot. for Admin. Relief - ECF No. 27 at 1.
Id. at 2; Bovarnick Decl. - ECF No. 27-1 at 19-22.
The court extends (1) the deadline to complete the site inspection from June 12, 2021 to April 30, 2022 and (2) related deadlines for an equivalent number of days but does not order the defendants to provide availability for the site inspection within any specific period given the possibility that defendants may soon move for dismissal.
IT IS SO ORDERED.