1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 4 BRIAN WHITAKER, 8 Case No. 21-cv-07087-RS Plaintiff, 9 10 V. ORDER TO SHOW CAUSE

DS BROS. LLC, Defendant. 12

13

v 14 Plaintiff has filed a motion for default judgment against Defendant concerning the Oo 15 accessibility of tables at Babylon, a business which appears to have shuttered. To effectuate the Q 16 || Court’s “obligation to determine whether subject-matter jurisdiction exists, even in the absence of

17 a challenge from any party,” Arbaugh v. Y&H Corp.,

(2006), Plaintiff is

18 || ordered to show cause as to why this case should not be dismissed for lack of Article III standing. 19 || As the ADA allows private plaintiffs to sue only for injunctive relief, Oliver v. Ralphs Grocery 20 Co.,

(9th Cir. 2011), Plaintiff’s response must outline the requisite threat of 21 future injury or any remaining bases for injunctive relief on or before September 9, 2022. Failure 22 || to do so will result in a dismissal of this action with prejudice. 23 24 || ITISSO ORDERED. 25 26 Dated: August 29, 2022. 27 RICHARD SEEBORG 28 Chief United States District Judge