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N.D. Cal.Procedural orderFiled Apr. 30, 2020

Johnson v. Reimal Family Limited Partnership

Judge
William Orrick
Docket
3:20-cv-01192
Court
U.S. District Court · Northern District of California
Pages
2
Motion to DismissCivil ProcedureADA / Disability
In one sentence

In Johnson v. Reimal, Judge Orrick dismissed Johnson’s case without prejudice after he failed to oppose dismissal, allowing amendment by May 18, 2020.

Who this affects

Scott Johnson; Reimal Family Limited Partnership and William Reimal

What happened

In Johnson v. Reimal Family Limited Partnership, Scott Johnson alleged that Reimal Family Limited Partnership and William Reimal violated the Americans with Disabilities Act and the Unruh Civil Rights Act.

The defendants moved to dismiss, arguing that Johnson had not adequately alleged a business establishment, established standing, or shown that William Reimal was the partnership’s alter ego. Johnson did not respond as required by the court’s local rules.

Judge William H. Orrick granted the motion to dismiss and dismissed Johnson’s case without prejudice. The court gave Johnson until May 18, 2020, to file an amended complaint, stating that judgment would otherwise be entered in favor of the defendants.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Johnson v. Reimal Family Limited Partnership · No. 3:20-cv-01192
Judge
William Orrick
Date
Apr. 30, 2020

Background

Scott Johnson sued Reimal Family Limited Partnership and William Reimal. He alleged violations of the Americans with Disabilities Act and the Unruh Civil Rights Act.

The defendants moved to dismiss the complaint. Their stated arguments included that Johnson had not alleged a business establishment, had not established standing, and had not established that William Reimal was the partnership’s alter ego.

Court’s ruling

The court stated that Johnson failed to respond to the motion in the manner required by the court’s local rules. It therefore granted the defendants’ motion to dismiss and dismissed Johnson’s case without prejudice. The court ordered Johnson to file an amended complaint by May 18, 2020, or judgment would be entered in favor of the defendants.

The order did not decide whether Johnson’s underlying statutory claims were valid. Because the case was dismissed on a procedural ground under the court’s rules, the classification is procedural.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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