Alvarez-Vega ex rel. E.A.L. v. Cushman & Wakefield/Prop. Concepts Commercial

290 F. Supp. 3d 131
United States District Court·Decided November 14, 2017·No. CIVIL NO. 17–1601 (GAG)·Published·Cited by 1 cases

Opinion

GUSTAVO A. GELPI, United States District Judge

Jonathan Álvarez Vega, on behalf of his minor child, E.A.L., sued Cushman & Wakefield/Property Concepts Commercial (C & CW/PCC), Caribbean Cinemas of Guaynabo Corp., Cinemas Management of Puerto Rico, Inc., and Caribbean Cinema Corporation for violating Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181 - 12189 et seq. (2015). (Docket No. 1 ¶ 1). Plaintiff seeks injunctive and declaratory relief, and attorneys' fees and costs. Id. ¶¶ 2-3. Presently before the Court is Defendants' motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Docket No. 16). The *133Court ordered Plaintiff to amend the complaint to include the dates when the alleged injury occurred. (Docket No. 19). After reviewing the parties' submissions and pertinent law, the Court DENIES Defendants' motion to dismiss.

I. Amended Complaint

Before addressing Defendants' motion to dismiss, the Court will address Plaintiff's amended complaint. Rule 12(e) of the Federal Rules of Civil Procedure allows the Court to order Plaintiff to file "a more definite statement." FED. R. CIV. P. 12(e). If Plaintiff disobeys the Court's order, the Court may strike the pleading or issue any other appropriate order. Id. Pursuant to Rule 12(e), the Court ordered Plaintiff to file an amended complaint specifying the date when the alleged injury occurred. (Docket No. 19). Plaintiff complied with the Court's order and submitted an amended complaint with the relevant date. (Docket No. 20). However, Plaintiff also added factual allegations regarding additional barriers and Caribbean Cinemas' website not included in the original complaint. (Docket No. 20 ¶¶ 11-12). These amendments go beyond the scope of the Court's order. Because Rule 12(e) enables the Court to issue any appropriate order if Plaintiff disobeys, the Court will ignore all the changes except the date of the alleged injury from Plaintiff's amended complaint.

If Plaintiff wishes to amend the complaint and add new allegations, he shall seek the opposing party's written consent or the Court's leave per Federal Rule of Civil Procedure 15. FED. R. CIV. P. 15(a)(2).

II. Standard of Review

As courts of limited jurisdiction, federal courts must construe their jurisdictional grants narrowly. Destek Grp. v. State of N.H. Pub. Utils. Comm'n, 318 F.3d 32, 38 (1st Cir. 2003). Consequently, the party asserting jurisdiction carries the burden of showing the existence of federal jurisdiction. Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir. 1998). When deciding whether to dismiss a complaint for lack of subject matter jurisdiction, the Court "may consider whatever evidence has been submitted, such as ... depositions and exhibits." Aversa v. United States, 99 F.3d 1200, 1210 (1st Cir. 1996) ; Torres v. Bella Vista Hosp., Inc., 523 F.Supp.2d 123, 132 (D.P.R. 2007). Motions brought under Rule 12(b)(1) are subject to the same standard of review as Rule 12(b)(6). Negrón-Gaztambide v. Hernández-Torres, 35 F.3d 25, 27 (1st Cir. 1994) ; Torres, 523 F.Supp.2d at 132.

Free access — add to your briefcase to read the full text and ask questions with AI

Alvarez-Vega ex rel. E.A.L. v. Cushman & Wakefield/Prop. Concepts Commercial, 290 F. Supp. 3d 131 (usdistct 2017).

290 F. Supp. 3d 131 (Alvarez-Vega ex rel. E.A.L. v. Cushman & Wakefield/Prop. Concepts Commercial) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Untitled Case
D. Puerto Rico, 2026
D. D. v. Lausd
984 F.3d 773 (Ninth Circuit, 2020)