UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 22-cv-00039-VC Plaintiff, ORDER DENYING DEFENDANT’S Vv. MOTION TO DISMISS, GRANTING J.P. JOYFUL RESTAURANT INC, TO SHOW CAUSE. DISCOVERY, AND Defendant. Re: Dkt. No. 14

J.P. Joyful’s motion to dismiss for lack of subject matter jurisdiction is denied for the same reasons stated in Whitaker v. Peet’s Coffee, Inc.,

(N.D. Cal. Jan. 31, 2022). On its face, the complaint adequately alleges that Whitaker will return such that it meets Article III’s requirements. J.P. Joyful shall be permitted, however, to conduct jurisdictional discovery to determine if Whitaker in fact intends to return to the Eastern Winds Chinese Restaurant in Fremont, California. J.P. Joyful may also conduct jurisdictional discovery to determine whether Whitaker ever visited the restaurant in the first place. Whitaker is further ordered to show cause why the Court should not decline to exercise supplemental jurisdiction over his Unruh Act claim. See Garcia v. Maciel,

, at *2—3 (N.D. Cal. Feb. 9, 2022); see also Arroyo v. Rosas,

(9th Cir. 2021). Whitaker must file a brief not to exceed five pages within seven days of this order. IT IS SO ORDERED. Dated: April 13, 2022 VINCE CHHABRIA United States District Judge