Oliver v. Ralphs Grocery Co.

A. J. Oliver (plaintiff) used a motorized wheelchair for mobility and visited a Food 4 Less grocery store (store) owned and operated by Cypress Creek Company (Cypress) (defendant) and Ralphs Grocery Company (Ralphs) (defendant). After his visit, Oliver sued Cypress and Ralphs, alleging violations of the Americans with Disabilities Act (ADA). Oliver’s complaint alleged that during his visit, Oliver encountered physical and intangible barriers to his use and enjoyment of the store’s goods, services, and facilities. The complaint listed 18 allegedly noncompliant architectural features that constituted discrimination against Oliver. After receiving the complaint, Ralphs renovated the store and removed several of Oliver’s listed barriers. At a pretrial hearing, Oliver notified the court that he wanted to amend his complaint and add additional noncompliant features to the list, but Oliver failed to meet the filing deadline provided by the court. The court denied Oliver’s motion to extend the deadline and amend his complaint. During discovery, Oliver filed an expert report identifying additional barriers not listed in his complaint. Both parties filed motions for summary judgment. In support of his motion, Oliver filed a sworn declaration detailing several specific barriers he encountered during his visit to the store and the difficulties he faced attempting to navigate the barriers. The district court granted judgment to Ralphs and Cypress. In its judgment, the court refused to consider the additional barriers identified in the expert report because they were not properly before the court. Oliver appealed the decision not to consider the report’s additional barriers up to the Ninth Circuit. The court first resolved an issue of standing sua sponte and then addressed the content of Oliver’s appeal.