Johnson v. Tea Hub, LLC

United States District Court for the Northern District of California

Johnson v. Tea Hub, LLC

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SCOTT JOHNSON, 5 Case No. 21-cv-04545-JCS Plaintiff, 6 5 V. ORDER TO SHOW CAUSE

TEA HUB, LLC, Defendant. 9 10 11 Plaintiff Scott Johnson brings a federal claim under the Americans with Disabilities Act 12 || (“ADA”) and, invoking the Court’s supplemental jurisdiction under

28 U.S.C. § 1367

, a state law

13 || claim under California’s Unruh Civil Rights Act. The Ninth Circuit has held that comity concerns

14 || arising from California’s procedural rules for disability access cases brought by frequent plaintiffs 15 || like Johnson constitute exceptional circumstances that may be sufficient to decline supplemental a 16 jurisdiction. See Arroyo vy. Rosas,

19 F.4th 1202, 1211-14

(9th Cir. 2021). This Court has

= 17 || previously held that the reasoning of Arroyo warrants declining jurisdiction in a typical case where

18 || a high-frequency litigant has brought parallel ADA and Unruh Act claims and no decision has yet 19 || been reached on the merits of either claim. See generally Garcia v. Maciel, No. 21-cv-03743-JCS, 20

2022 WL 395316

(N.D. Cal. Feb. 9, 2022). Johnson is therefore ORDERED TO SHOW CAUSE 21 why the Court should not decline to exercise supplemental jurisdiction over his Unruh Act claim 22 || for the reasons stated in Garcia v. Maciel, by filing a response to this order no later than December 23 || 7, 2022. 24 IT IS SO ORDERED. 25 Dated: November 30, 2022 26 € J PH C. SPERO 27 ief Magistrate Judge 28

Reference

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