Legal Opinion

Daubert v. City of Lindsay

District Court, E.D. California

Decided August 11, 2014No. Case No. 1:14-CV-00068Published

1Opinion of the Court

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS AND DENYING APPLICATION FOR STAY AND EARLY EVALUATION CONFERENCE (Docs. No. 4 and 6)

ANTHONY W. ISHII, Senior District Judge.

Plaintiffs Timothy Daubert (“Daubert”) and Roger Cortez (“Cortez”) (“Plaintiffs,” collectively) bring this action against the City of Lindsay (“City”). Plaintiffs allege disability-related causes of action under the Americans with Disabilities Act (“ADA”), the Rehabilitation Act (“RA”), and the California Disabled Persons Act (“DPA”). The City filed this Rule 12(b)6 motion to dismiss Plaintiff…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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