Gomez v. Miersch

Opinion

1 2 3 4 7 8 ANDRES GOMEZ, Case No. 21-cv-08936-CRB

9 Plaintiff,

ORDER DISMISSING WITH 10 v. PREJUDICE

12 Defendant.

13 Plaintiff Andres Gomez, a resident of Florida who is legally blind, alleged that 14 Defendant Matthew Paul Miersch violated the Americans with Disabilities Act (ADA) 15 because his website Napahomes.Com, a website that advertises real estate in Northern 16 California, is not accessible to the visually impaired. Miersch moved to dismiss for lack of 17 jurisdiction. Mot. (dkt. 15-1). On April 28, 2022, the Court granted the motion, finding 18 that Gomez lacked standing for his federal claim. See Order Granting MTD (dkt. 21). The 19 Court explained that Gomez “ha[d] not specifically pleaded that there [was] a physical 20 place of accommodation associated with Napahomes.Com that he intended to visit, nor 21 ha[d] he pleaded that the website prevented him from visiting that location.” Id. at 4. The 22 Court held that Gomez lacked cognizable injury-in-fact for his ADA website accessibility 23 claim, which requires a “nexus” between the alleged barriers and a physical place of public 24 accommodation. Robles v. Domino’s Pizza, LLC, 913 F.3d 898, 905 (9th Cir. 2019). 25 The Court granted leave to amend. However, the Court noted that “serious 26 questions have been raised about the veracity of jurisdictional allegations in complaints 27 filed by this law firm.” Order Granting MTD at 4-5 (citing Complaint, People of the State 1 || 1102496). The Court therefore ordered that any amended complaint be accompanied by 2 || declarations by Gomez and Gomez’s counsel, sworn under penalty of perjury, to 3 || substantiate the allegations in the amended complaint. On May 19, Gomez filed a 4 || statement that he “stands by his Complaint as pleaded and does not intend to file an 5 |} amended Complaint.” Statement (dkt. 23). Accordingly, the Court now DISMISSES with 6 || prejudice. 8 Dated: May 24, 2022 a CHARLES R. BREYER 9 United States District Judge 10 11 12 E 13

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