Facts

Lary Feezor filed a complaint for discrimination under the Americans with Disabilities Act and various California state laws against Excel Stockton LLC, Target Corp., TSA Stores, Ross Dress for Less Inc., Bed Bath & Beyond of California LLC, Office Depot Inc., Kohl's Department Stores Inc., PetSmart Inc., Toys 'R' Us – Delaware Inc., and Cost Plus Inc.

PLAINTIFF'S CONTENTIONS:
Feezor alleged that he encountered various barriers at a shopping mall in Stockton, California and asserted violations of the ADA and various California state law provisions against defendants.

DEFENDANTS' CONTENTIONS:
Bed Bath & Beyond argued that the court had already granted its motion for summary judgment as to all issues except for one regarding whether the accessible bathroom stall door in the men's restroom was self-closing. Bed Bath & Beyond argued that court should grant its motion to dismiss because after the summary judgment motion the bathroom door became self-closing and fully compliant with all relevant standards. Since the only remedy under the ADA is injunctive relief, Bed Bath & Beyond argued that plaintiff had no remedy available since the bathroom door was currently self-closing and compliant with all ADA standards.

Result

All defendants, with the exception of Bed Bath & Beyond, settled with plaintiff and were dismissed. The court granted Bed Bath & Beyond's motion to dismiss for lack of subject matter jurisdiction since the only barrier remaining after the summary judgment motion had been removed.