Juluke v. Sunnyland Properties Ltd
3:21-cv-02900
| N.D. Tex. | Feb 2, 2024Background
- Plaintiff James Joseph Juluke, Jr., who uses a wheelchair, sued Gator Spring Valley Partners LLLP and Sunnyland Properties, Ltd. to compel ADA compliance at a Dallas, TX shopping center.
- Juluke's suit was eventually limited to Gator after Sunnyland was dismissed.
- Juluke's complaint identified six specific architectural barriers affecting accessibility; he sought injunctive and declaratory relief under the ADA.
- Gator voluntarily undertook remediation to cure the six alleged ADA violations after the suit was filed.
- Gator moved to dismiss for lack of subject matter jurisdiction, arguing the case was moot due to voluntary compliance and business closure; Juluke moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of Review – Barriers | Juluke can recover for any ADA violations identified by his experts, not just those in the complaint | Only barriers specified in the First Amended Complaint are before the court | Only the six specific barriers in the First Amended Complaint are considered |
| Mootness due to Voluntary Remediation | Remediation was incomplete; some violations remain | All alleged barriers have been cured; no further relief is available | Gator's voluntary and permanent remediation moots the claims |
| Mootness due to Business Closure | Claims continue as successor business opened | Claims regarding closed businesses are moot since San Marcos Ice Cream is gone | Claims specific to the closed business are moot |
| Subject Matter Jurisdiction | Jurisdiction exists for all violations discovered | Jurisdiction lost due to the case being moot; no case or controversy | Court lacks subject matter jurisdiction; case dismissed |
Key Cases Cited
- Stockman v. Fed. Election Comm'n, 138 F.3d 144 (5th Cir. 1998) (Federal courts are courts of limited jurisdiction and cannot adjudicate claims absent statutory jurisdiction)
- Howery v. Allstate Ins. Co., 243 F.3d 912 (5th Cir. 2001) (Burden of establishing federal jurisdiction rests on party seeking federal forum)
- DaimlerChrysler Corp. v. Cuno, 547 U.S. 332 (2006) (Plaintiff must demonstrate standing for each claim and each form of relief sought)
- Hollingsworth v. Perry, 570 U.S. 693 (2013) (Article III requires an actual controversy throughout litigation)
- Fantasy Ranch Inc. v. City of Arlington, Tex., 459 F.3d 546 (5th Cir. 2006) (Voluntary cessation may render a case moot if the violation is unlikely to recur)