Whitaker v. Emeryville Hotel Development Venture II, L.P.

Background

Brian Whitaker alleged that Emeryville Hotel Development Venture II, L.P. violated the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The case concerns the scope of federal regulations governing lodging-facility reservation systems, including 28 C.F.R. § 36.302(e)(1)(i) and (ii), which the court called the “Reservations Rule.” The defendant filed a motion to dismiss, but that motion remained pending.

The court noted that the U.S. Court of Appeals for the Ninth Circuit had not yet interpreted the Reservations Rule. Appeals in two related cases, identified in the opinion as Love v. Marriott Hotel Services, Inc. and Garcia v. Gateway Hotel L.P., were pending before that court and addressed the same issues raised by Whitaker’s complaint. The district court had previously ordered the parties to explain why this case should not be stayed while the Ninth Circuit considered those appeals.

Ruling

The court concluded that pausing the litigation was warranted because the pending appeals addressed the exact issue presented in this case and were likely to provide important guidance. The court also found that pausing the case would conserve the parties’ and court’s resources and would not meaningfully prejudice the defendant.

Rather than formally impose a stay, the court ordered the case administratively closed for docketing reasons. Either party may reopen the case by filing a notice within 14 days after the Ninth Circuit issues its first mandate in Love and/or Garcia, or in another currently pending Ninth Circuit appeal interpreting the Reservations Rule. The order did not decide the pending motion to dismiss or the merits of Whitaker’s claims.