Expensify, Inc. v. Eddie White
Published: Dec. 13, 2019 | Result Date: Oct. 18, 2019 | Filing Date: Apr. 8, 2019 |Case number: 3:19-cv-01892-PJH Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Kevin M. Pasquinelli
(Robins Kaplan LLP)
Steven C. Carlson
(Robins Kaplan LLP)
Defendant
Eric D. Zard
(Carlson Lynch LLP)
Todd D. Carpenter
(Lynch Carpenter LLP)
Kevin W. Tucker
(Carlson Lynch LLP)
Ronald B. Carlson
(Carlson Lynch LLP)
Facts
Plaintiff Expensify Inc. filed a lawsuit against defendants Eddie White and Matt Koleslar seeking declaratory relief after defendants asserted that plaintiff violated the Americans with Disabilities Act, the Unruh Act, and the Pennsylvania's Human Relations Act by failing to accommodate the needs of the visually impaired via its website and mobile applications.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that it had not violated the Americans with Disabilities Act because its website did not qualify as a place of public accommodation. Plaintiff further contended that it had not violated the California Unruh Act because in prelitigation communications, defendants failed to assert facts showing the intentional discrimination necessary to state a claim under the Unruh Act. Plaintiff also contended that defendants had not exhausted administrative remedies. Plaintiff contended it was entitled to declaratory judgment that its website complied with federal and state disability law.
DEFENDANTS' CONTENTIONS: Defendants contended that the controversy was moot because defendants had executed a "release and waiver" of claims on June 19, 2019. Defendants contended there was no longer a justiciable controversy and therefore filed a motion to dismiss.
Result
The court granted defendants' motion to dismiss. It ruled the case was moot; the release and waiver was sufficiently compelling to convince the court there was no danger the defendants would renew the litigation.
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