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8 UNITED STATES OF AMERICA 9 10 UNITED STATES DISTRICT COURT 11 12 BRIAN WHITAKER, Case No: CV 19-9931-GW-MRWx 13 Before the Honorable Judge George H. Wu Plaintiff, 14

JUDGMENT ON DEFENDANT JAC 15 v. EQUITY, LLC’S NOTICE OF MOTION

16 AND MOTION FOR SUMMARY

JUDGMENT 17 JAC EQUITY, LLC, a California Limited 18 Liability Company; LBSECOND, INC., a 19 California Corporation and Does 1-10,

20 Defendant(s). 21 TO ALL PARTIES AND TO THE ATTORNEYS OF RECORD: 22 23 Defendant JAC Equity, LLC (“Defendant”) filed a motion for summary judgment in this 24 action on February 26, 2021, arguing, in part, that the case is moot because the sales counter tha 25 was located at the former O’My Sole store that is the subject of the action is now ADA-complian 26 and because the lease for the store has now expired, such that the store is no longer in operation a 27 28 JAC EQUITY MOTION FOR SUMMARY JUDGMENT - 1 1 || the location (and the location has not been re-let to any other tenant). See Docket No. 57. On Mare 2 8, 2021, plaintiff Brian Whitaker (“Plaintiff”) filed an express “Notice of Non-Opposition” to th motion, stating that, “[o]n these grounds,” he “does not dispute that his claim for an injunctio

5 under the ADA has been rendered moot.” See Docket No. 60; C.D. Cal. L.R. 7-9 (allowing a 6 ||“opposing party” to serve and file “a written statement that that party will not oppose the motion’ 7 one form of “[o]pposing [p]apers”). 8 The Court therefore granted the motion on March 17, 2021, concluding that the request fo injunctive relief is moot. See Paracor Fin., Inc. v. Gen. Elec. Capital Corp.,

, 1167 68 & n.22 (9th Cir. 1996) (treating filing of “statement of non-opposition” to summary judgmen 12 }|motion as “consent[] to entry of summary judgment”); compare C.D. Cal. L.R. 7-12 (indicatin 13 a summary judgment “may not be granted solely based on the failure to file an opposition” (emphasis added). Judgment is hereby entered in favor of Defendant JAC Equity and against Plaintif:

Brian Whitaker. 1g |} DATED: May 3, 2021 Aforge Hy t4—— HON.GEORGEH.WU, =——<i‘“‘SOSCSC~™ 41 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 EQUITY MOTION FOR SUMMARY JUDGMENT - 2