Nehemiah Kong v. Christos Smyrniotis

CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 20-08820-JEM Date December 17, 2020 Title Nehemiah Kong v. ChristosSmyrniotis, et al.

Present: The Honorable JOHN E. MCDERMOTT, UNITED STATES MAGISTRATE JUDGE S. Lorenzo Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE SUPPLEMENTAL JURISDICTION The Complaint filed in this action asserts a claim for injunctive relief arising out of an alleged violation of the Americans With Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq. and a claim for damages and injunctive relief pursuant to the Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51-53. The sole basis for jurisdiction over the Unruh Act claim is supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a). The Court, however, may decline to exercise supplemental jurisdiction for the reasons delineated in § 1367(c).

This Court has a sua sponte obligation to confirm that it has subject matter jurisdiction. Nevada v. Bank of Am. Corp., 672 F.3d 661, 673 (9th Cir. 2012) (“[I]t is well established that ‘a court may raise the question of subject matter jurisdiction, sua sponte, at any time during the pendency of the action . . . ‚ ’” (quoting Snell v. Cleveland, Inc., 316 F.3d 822, 826 (9th Cir. 2002))).

Therefore, to assist this Court in its duty, Plaintiff is ORDERED TO SHOW CAUSE in writing as to why this Court should exercise supplemental jurisdiction over the Unruh Act claim. The Response to the Order to Show Cause shall include (1) the amount of statutory damages sought pursuant to the Unruh Act; and (2) sufficient facts for the Court to determine whether Plaintiff or Plaintiff’s counsel meet the definition of a “high-frequency litigant” as defined in California Code of Civil Procedure Section 425.55(b)(1) & (2). These facts shall be set forth in declarations signed under penalty of perjury.

The Response shall be filed on or before December 30, 2020. Failure to timely or adequately respond to this Order To Show Cause may, without further CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 20-08820-JEM Date December 17, 2020 Title Nehemiah Kong v. ChristosSmyrniotis, et al. declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of that claim pursuant to 28 U.S.C. § 1367(c).

IT IS SO ORDERED. cc: Parties : Initials of Preparer slo