Defendant argues that absent jurisdiction over the plaintiff's federal cause of action, the remaining state law claim should also be dismissed. Showboat argues that Title III of the ADA requires a party to exhaust their administrative remedies as a prerequisite to filing a civil suit, and, therefore, the plaintiff's ADA claim should be dismissed for failure to exhaust administrative remedies. On July 8, 1999, pursuant to Federal Rule of Civil Procedure 12(b) (1), Showboat filed the instant motion to dismiss for lack of subject matter jurisdiction. On October 23, 1998, Moyer filed a complaint against Showboat alleging that Showboat's failure to provide wheelchair access to certain games of chance violates the Americans with Disabilities Act ("ADA") and the New Jersey Law Against Discrimination ("NJLAD"). The plaintiff, Corey Moyer ("Moyer" or "plaintiff") is confined to a wheelchair as a result of a disability. *499 Lichtenstein, Atlantic City, NJ, for Defendant.ĭefendant Atlantic City Showboat, Inc., doing business as Showboat Casino Hotel, ("Showboat" or "defendant") owns and operates a casino at 801 Boardwalk Ave., Atlantic City, New Jersey. Brady, Jr., Voorhees, NJ, for Plaintiff.Ĭooper Perskie April Niedelman Wagenheim & Levinson, P.A. SHOWBOAT CASINO HOTEL, ATLANTIC CITY, Defendant.
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