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GARCIA v. GATEWAY HOTEL L.P.

No. 21-55926.

82 F.4th 750 (2023)

Orlando GARCIA, Plaintiff-Appellant, v. GATEWAY HOTEL L.P., a California Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2023.

Attorney(s) appearing for the Case

Dennis J. Price II (argued), Seabock Price APC, Pasadena, California; Russell C. Handy , Potter Handy LLP, San Francisco, California; for Plaintiff-Appellant.

Phillip H. Stillman (argued), Stillman & Associates, Miami Beach, Florida, for Defendant-Appellee.

Dissent by Judge Hurwitz.

OPINION

This case requires us to clarify the circumstances under which a defendant may be awarded its costs in an action brought under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq. Appellee Gateway Hotel L.P. ("Gateway") contends that the standard for awarding costs to ADA...

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