Pereira v. Ralphs Grocery Co.
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
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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