Case Information
*1 U NITED STA TES D ISTRICT CO URT SO UTH ERN DISTRICT O F FLO R IDA CA SE N O . 15-24685-CIV-K lN G REN ZO BARBERI,
Plaintiff,
THE HERTZ CORPOM TION and
7401 BIRD ROA D , LLC,
D efendants.
O R DER OF D ISM ISSAL W ITH OU T PREJU DICE
TH IS M ATTER com es before the Court upon D efendants' M otion to D ism iss (t)E 9), filed January 12, 2016. 1 The Court has additionally considered Plaintiffs Response in Opposition to the M otion to Dismiss (DE 18), sled February 8, 2016, and Plaintiffs Reply in Support of the M otion to Dismiss (DE 19), tlled February 13, 2016. relief under Title 11I of the Am ericans with
This is an action for injunctive Disabilities Act (the $$ADA''). In his Complaint (DE 1), Plaintiff alleges that he is an individual suffering from a tlqualified disability'' under the AD A and that he personally visited the real property located at 740 1 S.W . 40 Street, M iam i, FL, w hich is occupied by Defendant The Hertz Corporation (û$He1'tz'') and owned by Defendant 7401 Bird Road, LLC (11Bird''). Plaintiff conclusorily alleges that the real property is a place of ûlpublic accom m odation'' under the A DA , and lists several alleged ADA violations found on the 1 Defendant The Hertz Corporationjoined in Defendant 7401 Bird Road, LLC'S motion. see D E 16.
outside of the property. DE 1 at ! 15 (e.g., non-compliant parking facilities, excessively sloped ramps, and lack of signage). Plaintiff additionally states that, through these violations, dçDefendants have discriminated against ghiml . . . by denying access to, and full and equal enjoyment of goodss services, facilities, privileges, advantages, and/or accommodations'' at the property. 1d. at ! 1 1. Further, Plaintiff llshall suffer a future injury as Plaintiff intends to would like to gsic) return and enjoy the goods and/or services at the (property) on a spontaneous but full and equal basis.'' 1d. at ! l 3.
Upon review , it is plain that the Com plaint contains num erous fatal flaw s. See Barberi v. Atl. Windows and Shutters, lnc., N o. 15-2 1679-K M M , Order Granting M otion to Dism iss (DE 16), (S.D. Fla. Aug. 3, 2015) (granting m otion to dismiss identical complaint). Here, as in the case before Chief Judge K. M ichael M oore,
Plaintiff does not state the nature of his injury or disability, other than to say he uses a wheelchair and to conclusorily state that he has a Ssqualified disability'' under the ADA . Plaintiff does not state what services w ere offered at (the propertyl. Plaintiff does not identify the date on or about which he visited (the propertyj or a general period of time during which he visited. The Com plaint does not state w here Plaintiff lives, how far he lives from (the propertyj, or whether he is a frequent visitor to the area in which (the property) is located. Plaintifps plan to return is of the utm ost indefinitiveness, sim ply stating that llplaintiff w ould like to return'' on a itspontaneous'' basis. f ujan v. Defenders of Wildlfe, 504 U.S. 555, 564 (ûiklslome day' intentions without any description of concrete plans, or indeed even any specification of when the som e day will be do not support a finding of the lactual or imminent' injury that our cases require,''). Other courts in this district have found under similar circum stances that com plains containing these types of barebones recitation of allegations lack the concreteness to establish standing. (citations om itted),
161. at 4-5. A dditionally, Plaintiff asserts no facts supporting his conclusion that the property is a place of Stpublic accomm odation'' under the A DA .
Accordingly, it is O RDERED, A DJU D G ED , and D EC REED that Defendants' M otion to Dismiss (DE 9) be, and the same is, hereby GR ANTED and the Complaint (DE 1) be, and the same is, hereby DISM ISSED W ITHO UT PREJUDICE to Plaintiff to file an Amended Complaint within twenty (20) days of the date of this Order.
D ON E AN D O RD ER ED in Cham bers at the Jam es Lawrence K ing Federal Justice Building and United States Courthouse, in M iam i, M iam i-D ade County, Florida, this 4th day of M arch, 2016.
J M ES LA W M NCE K ING ..z'' ITED STATES DISTRICT J E SOUTHERN D ISTRICT OF F D A cc: C hief Judge K . M ichael M oore.
AII counsel of record.