Plaintiff Vs Privilegligence Case

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At this stage in the proceedings all factors weigh against plaintiff. Regarding the first factor, Plaintiff states that he lives and resides in Childress, Texas; which is over 500 miles from Defendants’ premises. It can be determined that Plaintiff does not reside near Defendants’ premises. Moving to the second factor – Plaintiff’s past patronage – Plaintiff admits that he has no history of visiting Red Rocks, other than the concert which lead to this instant action. Regarding the third element – his plans to return – Plaintiff alleges a desire to return at an indeterminate date in the future. (See Am. Compl. ¶ 21; ECF No. 55-1). These statements do not suggest any concrete or present plans by the Plaintiff to return to Defendants’ premises. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (a desire to someday visit a place far away is not sufficient); Tandy, 380 F.3d, at 1284 (“Speculative, some day intentions do not support standing to seek prospective relief” (internal quotations and citations omitted)); Colo. Cross-Disability Coal. V. Abercrombie & Fitch Co., 765 F.3d 1205, 1211-12 (10th Cir. 2014) (intent …show more content…
Colo. Cross-Disability Coal., 765 F.3d, at1212. However, Plaintiff has not

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