Filed: Feb. 15, 2016
Latest Update: Feb. 15, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff, Patricia Kennedy's Amended Motion for Summary Judgment ( Doc. #16 ) filed on February 4, 2016. In Response to the Motion for Summary Judgment, the Defendant, West Coast Development (West Coast) filed a Motion for Relief under Fed R. Civ. P. 56(d) ( Doc. #18 ) on February 11, 2016. The Motion is fully briefed and ripe for the Court's review. BACKGROUND Plaintiff is confined to a wheelchair
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff, Patricia Kennedy's Amended Motion for Summary Judgment ( Doc. #16 ) filed on February 4, 2016. In Response to the Motion for Summary Judgment, the Defendant, West Coast Development (West Coast) filed a Motion for Relief under Fed R. Civ. P. 56(d) ( Doc. #18 ) on February 11, 2016. The Motion is fully briefed and ripe for the Court's review. BACKGROUND Plaintiff is confined to a wheelchair ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff, Patricia Kennedy's Amended Motion for Summary Judgment (Doc. #16) filed on February 4, 2016. In Response to the Motion for Summary Judgment, the Defendant, West Coast Development (West Coast) filed a Motion for Relief under Fed R. Civ. P. 56(d) (Doc. #18) on February 11, 2016. The Motion is fully briefed and ripe for the Court's review.
BACKGROUND
Plaintiff is confined to a wheelchair due to a spinal injury as a result of an automobile accident. Plaintiff visited West Coast's shopping center located at 5555 Golden Gate Parkway, Naples, Collier County, Florida. Plaintiff states she encountered various ADA violations which served as a barrier to her access to the shopping center. As a result of the alleged ADA violations, Plaintiff brought the instant law suit alleging West Coast has discriminated against her by denying her full access and accommodation to its place of public accommodation or commercial facility.
West Coast was served with the Complaint on December 2, 2015. West Coast filed its Answer and Defenses on December 23, 2015. The Court has not yet issued its Case Management and Scheduling Order governing discovery and disclosure of expert reports. Plaintiff now moves for summary judgment. Plaintiff's Motion for Summary Judgment includes a report filed by her expert.
DISCUSSION
Plaintiff moves for summary judgment arguing that the existence of the barriers found at West Coast's shopping center discriminated against her by denying her access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the buildings, as prohibited by 42 U.S.C. § 12182 et seq. West Coast filed a Response moving for the Court to deny the Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56(d).
Rule 56(d) reads in pertinent part:
If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order.
Fed. R. Civ. P. 56(d). West Coast's Motion is well taken. Discovery in this matter has not even begun and Plaintiff filed her motion arguing that the evidence presented in her expert report should be taken as undisputed without giving West Coast the opportunity to have its own expert examine the property. As such, good cause exists to deny Plaintiff's Motion for Summary Judgment pursuant to Fed. R. Civ. P, 56(d).
Accordingly, it is now
ORDERED:
(1) Plaintiff, Patricia Kennedy's Amended Motion for Summary Judgment (Doc. #16) is DENIED without prejudice. The Plaintiff will be allowed to file an Amended Motion for Summary Judgment after discovery has concluded.
(2) The Defendant, West Coast Development's (West Coast) Motion for Relief under Fed R. Civ. P. 56(d) (Doc. #18) is GRANTED.
DONE and ORDERED.
