DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173151P.pdf 09/10/2018 Zach Hillesheim v. Holiday Stationstores, Inc.
U.S. Court of Appeals Case No: 17-3151
and No: 17-3186
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Stras, Author, with Wollman and Arnold, Circuit Judges]
Civil case - Americans with Disabilities Act. Plaintiff brought this ADA
and Minnesota Human Rights Action in state court alleging defendant had
denied him full and equal access to a place of public accommodation by
failing to provide a compliant handicap-accessible parking space at one of
its stores; the matter was removed to federal court and defendant moved
for summary judgment based on remediation of the violation; defendant's
Rule 26 violation concerning disclosure of the renovation was harmless;
the district court properly found the renovation made the ADA claim moot;
however, the district court erred in dismissing the claim, becausethe
proper procedure to be followed when a federal court lacks subject-matter
jurisdiction over a a removed claim is to remand the claim to state court;
therefore, the district court's judgment dismissing the ADA claim is
vacated with directions to remand the claim to state court; similarly, the
portion of the judgment dismissing plaintiff's claim for injunctive relief
under the Minnesota Human Rights Act must also be vacated and remanded to
state; plaintiff's claim for damages under the MHRA is not moot and the
district court, on remand, should determine whether it wishes to exercise
supplemental jurisdiction over this one remaining claim.