Betancourt v. Federated Department Stores

ORDER

XAVIER RODRIGUEZ, District Judge.

On this date, the Court considered Defendant Macy’s West Stores, Inc.’s 1 Motion to Dismiss (docket no. 8), and the Response thereto.

I. Background

Plaintiff Guadalupe Betancourt, a Kansas resident, filed her original complaint against Defendant Federated Department Stores on October 20, 2009, seeking declaratory and injunctive relief, attorney’s fees, litigation expenses, and costs under Title III of the Americans with Disabilities Act (“ADA”). Plaintiff is mobility impaired and uses a wheelchair. She alleges that she visited the Macy’s store (“the…