Access for the Disabled, Inc. v. J.C. Penney Properties, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 10, 2011
• Docket: 11-1135
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1135

ACCESS FOR THE DISABLED, INCORPORATED, a Florida not for profit corporation; DENISE PAYNE, Individually,

Plaintiffs - Appellants,

v.

J.C. PENNEY PROPERTIES, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Charles B. Day, Magistrate Judge. (8:09-cv-01395-CBD)

Submitted: October 20, 2011 Decided: November 10, 2011

Before GREGORY and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas B. Bacon, THOMAS B. BACON, PA, Cooper City, Florida, for Appellants. Christopher R. Dunn, John W. Leonard, DECARO, DORAN, SICILIANO, GALLAGHER & DEBLASIS, LLP, Bowie, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Denise Payne and Access for the Disabled, Inc., appeal

the district court’s orders dismissing their claims arising

under Title III of the Americans with Disabilities Act, 42

U.S.C. §§ 12181-12189 (2006), and denying their motion for

reconsideration. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. Access for the Disabled, Inc. v. J.C.

Penney Props., Inc., No. 8:09-cv-01395-CBD (D. Md. Dec. 2, 2010;

Jan. 20, 2011). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED