United States District Court for the Northern District of California, 2020

Johnson v. Reimal Family Limited Partnership

Johnson v. Reimal Family Limited Partnership
United States District Court for the Northern District of California · Decided April 30, 2020
Johnson v. Reimal Family Limited Partnership

Trial Court Opinion

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA SCOTT JOHNSON, Case No. 20-cv-01192-WHO 8 Plaintiff, ORDER GRANTING MOTION TO 9 v. DISMISS 10 REIMAL FAMILY LIMITED Re: Dkt. No. 13 PARTNERSHIP, et al., Defendants.

Plaintiff Scott Johnson filed this action on February 18, 2020, alleging that defendants Reimal Family Limited Partnership and William Reimal (collectively, “Reimal”) violated the Americans With Disabilities Act and Unruh Civil Rights Act. Dkt. No. 1. On March 30, 2020, Reimal filed a motion to dismiss the complaint, stating that Johnson failed to allege a business establishment, failed to establish standing, and failed to establish that Mr. Reimal is an alter ego of Reimal Family Limited Partnership, among other shortcomings. 1 Dkt. No 13-1.

Johnson has failed to respond in accordance with this Court’s Civil Local Rules. “The failure to file an opposition to a motion to dismiss in the manner prescribed by the Court's Local Rules is grounds for dismissal.” Davidson ex rel. Davidson v. Ukiah Valley Med. Ctr., No. C 11- 06147 SBA, 2012 WL 1565123, at *2 (N.D. Cal. May 2, 2012). Reimal’s motion to dismiss is GRANTED and I DISMISS Johnson’s case WITHOUT PREJUDICE.

Johnson must file an amended complaint by May 18, 2020, or judgment will be entered in 2 favor of Reimal.

3 IT IS SO ORDERED.

4 Dated: April 30, 2020 iam H. Orrick 7 United States District Judge ll a 12

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