Whitaker v. QIA SR San Francisco Operating LLC

Background

Brian Whitaker alleged that QIA SR San Francisco Operating LLC violated the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The case concerns the scope of federal regulations governing reservation systems for lodging facilities, which the court called the “Reservations Rule.” The defendant had filed a motion to dismiss, and that motion remained pending.

The Ninth Circuit had not yet interpreted the Reservations Rule. Appeals in two related cases raised the same issues as Whitaker’s complaint. The court had therefore ordered the parties to explain why this case should not be paused while the Ninth Circuit considered those appeals. The opinion states that pausing the case would allow the court to receive guidance that could materially affect its decision and would conserve court and party resources.

Ruling

Judge Donna M. Ryu ordered the case administratively closed for docketing purposes instead of imposing a formal stay. The order did not decide the pending motion to dismiss or the merits of Whitaker’s claims. Any party may reopen the case by filing a notice within 14 days after the Ninth Circuit issues its first mandate in either specified appeal, or in another currently pending Ninth Circuit appeal interpreting the Reservations Rule.