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CLARK v. BURGER KING CORPORATION

United States District Court, District of New Jersey


April 4, 2003

ROBERT CLARK, AN INDIVIDUAL, AND A.D.A. ACCESS TODAY, A NON-PROFIT PENNSYLVANIA CORPORATION, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
BURGER KING CORPORATION AND DIME-MOR II, INC., DEFENDANTS.

The opinion of the court was delivered by: Joseph E. Irenas, Senior District Judge

ORDER DENYING MOTION TO TRANSFER VENUE TO THE SOUTHERN DISTRICT OF FLORIDA, AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS THE AMENDED COMPLAINT
This matter having appeared before the Court upon Defendant BKC's motions to (1) transfer venue in this dual class action, pursuant to 28 U.S.C. § 1404(a), to the Southern District of Florida, and (2) dismiss Plaintiffs' amended complaint, pursuant to Fed.R.Civ.P. 12, the Court having considered the submissions of the parties, for the reasons set forth in an Opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,

IT IS on this 4th day of April, 2003, ORDERED THAT:

1. Defendant's Motion to Transfer Venue to the Southern District of Florida is DENIED; and
2. Defendant's Motion to Dismiss all of Plaintiff Clark's claims is DENIED, except that the claims related to Burger King restaurants not visited by Clark are DISMISSED; and
3. The claims brought by Clark regarding architectural barriers that do not relate to his particular disability are DISMISSED AS MOOT; and
4. All claims, other than those relating to Burger King restaurants visited by Clark, brought by Plaintiff, ADAAT, are DISMISSED without prejudice, provided that ADAAT may move to amend its complaint within sixty (60) days, which motion shall include a copy of the proposed amended complaint.
20030404

© 1992-2003 VersusLaw Inc.



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