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Kohler v. PFS

November 23, 2010

CHRIS KOHLER, PLAINTIFF,
v.
PFS, LLC DBA MCDONALD'S #13410; MCDONALD'S CORP., DEFENDANTS.



The opinion of the court was delivered by: Hayes, Judge.

ORDER

The matter before the Court is the Motion for Issuance of an Order (1) Declaring a Partial or Complete Stay as to Discovery Related in Any Way to Injunctive Relief Available to Plaintiff Arising from Violation of the Americans with Disabilities Act; and (2) Declaring a Complete Stay as to Motions Related in Any Way to Injunctive Relief Available to Plaintiff Arising from Violation of the Americans with Disabilities Act ("Motion for Stay"), filed by Defendant PFS, LLC dba McDonald's #13410 ("PFS"). (ECF No. 17).

BACKGROUND

On February 16, 2010, Plaintiff initiated this action by filing the Complaint. (ECF No. 1). Plaintiff alleges that he is physically disabled and encountered barriers when visiting a restaurant owned and/or operated by Defendants. Plaintiff asserts four claims in the Complaint: (1) violation of the Americans With Disabilities Act of 1990; (2) violation of the California Disabled Persons Act; (3) violation of the California Unruh Civil Rights Act; and (4) violation of the California Health & Safety Code.

On July 2, 2010, the Magistrate Judge issued a Scheduling Order following a Case Management Conference. (ECF No. 16).

On September 10, 2010, PFS filed the Motion for Stay. (ECF No. 17). PFS contends:

Monetary damages are not available to Plaintiff Kohler under the ADA. Instead, the only relief available under the ADA is injunctive relief.... PFS has already begun remodeling the subject McDonald's restaurant. When that remodeling project is finished, on or about April 1, 2011, it should be undisputed that the subject restaurant will be fully accessible to the disabled and fully compliant with the anti-discrimination provisions in the ADA.... At that time, this Court may choose, if it wishes, to dismiss Plaintiff Kohler's ADA claim, refuse to continue exercising pendent jurisdiction over his remaining state law claims, and order this entire lawsuit dismissed....

Because of the likelihood that Plaintiff Kohler's ADA claim will be moot by April 1, 2011, it makes no sense to allow him to propound any discovery specific to the issue of injunctive relief under the ADA. Therefore, this Court should exercise its inherent right to control litigation before it to maximize judicial efficiency and minimize unnecessary use of judicial resources by issuing an order partially staying all discovery related in any way to injunctive relief available to Plaintiff Kohler for any purported violations by Defendants of the ADA....

In the alternative, ... this Court can and should issue an order now completely staying all discovery in this lawsuit until April 1, 2011....

Finally, PFS anticipates that Plaintiff Kohler may file a motion for summary judgment/adjudication as to his ADA claim within the next six months in order to obtain a permanent injunction against PFS. Given the strong likelihood that by April 1, 2011 the remodeling of the McDonald's restaurant at issue in this lawsuit will be complete, and the need for an injunctive order requiring PFS to take any further action to ensure that its restaurant is barrier-free will be eliminated, this Court can and should issue a stay now barring any and all dispositive motions by Plaintiff Kohler requesting issuance of such an injunction.

Id. at 2-3.

On October 4, 2010, Plaintiff filed an opposition to the Motion for Stay. (ECF No. 18).

Plaintiff contends:

Implementing the proposed stay would result in undue prejudice to the plaintiff and increase the length of litigation.... Kohler would be prejudiced by not having evidence of the ...


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