Cesar Acevedo v. Hokis, LLC

Summary

The United States District Court for the Central District of California ordered the parties to submit a joint status report addressing alleged ADA barriers, remedial measures, and anticipated summary judgment motions. The court also ordered the plaintiff to show cause why it should exercise supplemental jurisdiction over state-law claims, identify the statutory damages sought, and provide declarations addressing high-frequency litigant status.

Holdings

1. The court ordered defendant to describe measures taken to investigate or remedy the alleged ADA barriers, required plaintiff to state his position regarding those measures, and ordered plaintiff to show cause why the court should exercise supplemental jurisdiction over the state-law claims.
2. The order states that nominal damages are not available under Title II of the ADA, so pleading nominal damages does not prevent dismissal of an otherwise moot ADA claim.
3. The order states that a plaintiff is not entitled to attorney's fees when the ADA claim is rendered moot and dismissed before trial.

Questions Presented

1. Whether defendant's removal or remediation of alleged ADA barriers, together with a showing that the barriers are not reasonably expected to recur, could moot plaintiff's ADA claim.
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 and counsel must provide information sufficient for the court to determine whether they qualify as high-frequency litigants under California law.

Disposition

other