K. Phillip Taylor v. The Perfect Spot et al.

Summary

The United States District Court for the Central District of California ordered the parties to submit a joint status report addressing remedial measures concerning alleged ADA barriers and their intentions regarding summary judgment. The Court also ordered the plaintiff to show cause why it should exercise supplemental jurisdiction over the Unruh Act and other state-law claims, including identifying the statutory damages sought and submitting declarations addressing high-frequency-litigant status. The order warns that failure to respond may result in dismissal of the action or state-law claims.

Holdings

1. A defendant's voluntary removal of alleged ADA barriers may moot the plaintiff's ADA claim when the barriers have been removed and cannot reasonably be expected to recur.
2. Nominal damages are not available under Title III of the ADA; therefore, pleading nominal damages does not prevent an ADA claim from becoming moot after effective remediation.
3. When an ADA claim is mooted and dismissed at an early stage, the court has discretion to decline supplemental jurisdiction over related state-law claims.
4. When an ADA claim is mooted and dismissed before trial, the plaintiff is not entitled to attorney's fees under the circumstances described in the order.

Questions Presented

1. Whether remedial measures eliminating alleged ADA barriers could moot plaintiff's Title III ADA claim if the barriers could not reasonably be expected to recur.
2. Whether the court should exercise supplemental jurisdiction over plaintiff's Unruh Act and other state-law claims if the federal ADA claim becomes moot.
3. Whether plaintiff would be entitled to nominal damages or attorney's fees if the ADA claim were mooted and dismissed before trial.

Disposition

other