Gilbert v. Doctor's Choice Modesto LLC

Opinion

1] Darren Gilbert, No. 1:21-cv-00690-KJM-JDP Plaintiff, ORDER v. Doctor’s Choice Modesto LLC, et al., Defendants. Plaintiff Darren Gilbert filed this civil rights action seeking relief under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seg. (ADA), California’s Unruh Civil Rights Act, Cal. Civ. Code §§ 51 et seg., and violations of California Health and Safety Code § 19955(a). See generally Second Am. Compl, ECF No. 70. Specifically, plaintiff sought injunctive relief, damages, attorneys’ fees and costs. Jd. The court subsequently declined to exercise supplemental jurisdiction over the state law claims and dismissed those claims with prejudice. See Prior Order (Apr. 21, 2023), ECF No. 119. Only the ADA claim remains. Plaintiffs counsel recently filed a declaration informing the court plaintiff and □□□□□□□□□□ wife passed away. See Decl. ¥ 2, ECF No. 157. As plaintiff's counsel concedes, see id. □ 3, injunctive relief is the only remedy available to a private litigant under Title III of the ADA. See Wander v. Kaus, 304 F.3d 856, 858 (9th Cir. 2002). Plaintiff's death renders his ADA claim moot thereby depriving this court of subject matter jurisdiction. See, e.g., Gilbert v. De Aranjah

Inc., No. 22-00994, 2024 WL 3673528, at *1 (E.D. Cal. Aug. 5, 2024) (finding the same). Having determined subject matter is lacking, the court dismisses this action without prejudice and directs the Clerk of Court to close this case. See Fed. R. Civ. P. 12(h)(3). DATED: October 3, 2024. oUt = 4 Y ees , STATES DISTRICT JUDGE