U.S. Court of Appeals for the Ninth Circuit, 2009

Pereira v. Ralphs Grocery Co.

Pereira v. Ralphs Grocery Co.
U.S. Court of Appeals for the Ninth Circuit · Decided July 7, 2009 · Kozinski, Pregerson, Quist
329 F. App'x 134

Pereira v. Ralphs Grocery Co.

Opinion of the Court

MEMORANDUM **

The defendant’s “voluntary cessation of allegedly illegal conduct” did not moot this case. United States v. W.T. Grant Co., 345 U.S. 629, 632, 73 S.Ct. 891, 97 L.Ed. 1303 (1953). The plaintiff has standing to challenge “all barriers” at Ralphs that are related to his disability, not just those identified in the F & F Report. Doran v. 7-Eleven, Inc., 524 F.3d 1034, 1047 (9th Cir. 2008).

REVERSED & REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Dissenting Opinion

QUIST, District Judge,

dissenting:

I dissent. The plaintiff in Doran presented evidence of additional barriers that became known through discovery. Here, plaintiffs failed to present evidence of barriers beyond those disclosed in the F & F Report in their response to Ralph’s motion for summary judgment. In addition, Do-ran involves the issue of standing while the instant case involves a district judge’s discretion. I would affirm the district court.

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