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Chris Kohler v. Presidio International

January 22, 2013

CHRIS KOHLER
v.
PRESIDIO INTERNATIONAL, INC., ET AL.



The opinion of the court was delivered by: Honorable Philip S. Gutierrez, United States District Judge

CIVIL MINUTES - GENERAL

O

Present: The Honorable Philip S. Gutierrez, United States District Judge

Wendy K. Hernandez Not Present n/a

Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

Not Present

Not Present

Proceedings: (In Chambers) Order DENYING Defendant's Motion in Limine

Pending before the Court is Defendant Eddie Bauer, LLC's ("Defendant") Motion in Limine # 3. Dkt. # 105, Dkt. # 123. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. After considering the moving papers and reply papers, the Court DENIES the motion.

I. Background

Plaintiff Chris Kohler ("Plaintiff"), who uses a wheelchair as a result of a physical disability, visited an Eddie Bauer outlet store in Cabazon, California, where he claims to have encountered a number of physical barriers or architectural features that prevented him from enjoying full and equal access to the store. FAC ¶¶ 10, 11. Those barriers allegedly included 1) a checkout counter that was too high to accommodate a patron in a wheelchair, 2) a pay point machine that was also too high, 3) a dressing room bench that was not appropriately long and wide, 4) aisles that were too narrow to allow Plaintiff to pass, and 5) the absence of an International Symbol of Accessibility ("ISA") at the store's entrance to indicate that the store was accessible to him. See FAC ¶ 11. Shortly after his visit to the outlet store, Plaintiff filed this suit against Defendant and other entities, though Defendant is the only remaining Defendant in this litigation. Dkt # 1. Based on the five barriers allegedly encountered during his visit to the store, Plaintiff asserts claims against Defendant for (1) discrimination in violation of Title III of the ...


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