Whitaker v. Huynh

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-08021-TSH

Plaintiff, ORDER DISMISSING CASE v.

GIAU M. HUYNH,

Defendant.

Plaintiff Brian Whitaker brings this case under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., and California’s Unruh Act, Cal. Civ. Code §§ 51-53, to compel Defendant Giau Huynh to provide accessible paths of travel, door hardware, and outdoor tables at Wellness Nails Care, located at 405 Arguello Blvd., San Francisco, California. ECF No. 1.1 However, Whitaker has indicated that, since the filing of this matter, Huynh made structural changes and that these barriers no longer exist. See Pl.’s Status Reports, ECF No. 30 & 32. Under the ADA, plaintiffs may only seek injunctive relief and attorney’s fees. See 42 20 U.S.C. § 12188(a)(1); Newman v. Piggie Park Enters., Inc., 390 U.S. 400, 401-02 (1968). “Once a defendant has remedied all ADA violations complained of by a plaintiff, the plaintiff’s claims become moot and he or she loses standing, which means the court no longer has subject-matter jurisdiction over the ADA claim.” Johnson v. Case Ventures, LLC, 2020 WL 4747908, at *2 (N.D. Cal. Aug. 17, 2020) (citing Grove v. De La Cruz, 407 F. Supp. 2d 1126, 1130-31 (C.D. Cal. 2005)). As it appeared that Whitaker’s ADA claim is moot and must be dismissed for lack of jurisdiction, the Court ordered him to show cause why this case should not be dismissed for lack of subject matter jurisdiction. ECF No. 34. In his response, Whitaker does not deny that his ADA || claim is moot. ECF No. 35. Accordingly, the Court his ADA claim is DISMISSED WITHOUT || LEAVE TO AMEND.

4 However, Whitaker requests the Court retain supplemental jurisdiction over his Unruh Act || claim because dismissal would increase the costs the parties will incur in litigating this matter. A || district court “may decline to exercise supplemental jurisdiction” if it “has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3). A court “may”—and often || does—“decline to exercise supplemental jurisdiction” if it has “dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3); see also, e.g., Oliver v. Ralphs Grocery Co., 654 F.3d 903, 911 (9th Cir. 2011); Case Ventures, 2020 WL 4747908, at *3; Yates v. Delano Partners, LLC, 2012 WL 4944269, at *2 (N.D. Cal. Oct. 17, 2012); R.K. v. Hayward Unified Sch. 12 Dist., 2008 WL 1847221, at *2 (N.D. Cal. Apr. 23, 2008). As the Supreme Court and Ninth 13 Circuit have “often repeated,” “in the usual case in which all federal-law claims are eliminated || before trial, the balance of factors will point toward declining to exercise jurisdiction over the 15 remaining state-law claims.” Acri v. Varian Assocs., Inc., 114 F.3d 999, 1001 (9th Cir. 1997), a 16 supplemented by 121 F.3d 714 (9th Cir. 1997) (alterations omitted) (quoting Carnegie-Mellon 17 University v. Cohill, 484 U.S. 343, 350 n.7 (1988)). Accordingly, Whitaker’s Unruh Act claim is || DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.

Dated: May 19, 2022

7 LU \ : Lj — 73 THOMAS S. HIXSON United States Magistrate Judge