Theroux Jr. v. Marshalls of MA, Inc

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA VERN ROBERT THEROUX JR., Case No. 3:21-cv-00945-L-BLM Plaintiff, ORDER GRANTING MOTION TO DISMISS v. [ECF NO. 20] MARSHALLS OF MA, INC., et al.,

Defendants.

Pending before the Court in this action alleging disability discrimination in violation of the Americans with Disabilities Act , 42 U.S.C. § 12101 et seq., and Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq., is a motion to dismiss filed by Defendant Marshalls of MA, Inc. (“Marshalls”). Marshalls argues all claims asserted against it should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of standing under Article III of the United States Constitution. Plaintiff, who is represented by counsel, was to file an opposition, if any, no later than November 1, 2021. No opposition has been filed to date. Marshalls’ motion is therefore granted as unopposed. See Civ. Loc. Rule 7.1(f)(3)(c); Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995). All / / / / / ! || claims asserted against Defendant Marshalls of MA, Inc. are dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12(b)(1). Dated: April 4, 2022 (ae flap? H . James Lorenz, United States District Judge