Marquise Bailey v. O Connors Lakewood LLC

United States District Court for the Central District of California

Marquise Bailey v. O Connors Lakewood LLC

Trial Court Opinion

1 2 3 4 5 6 7 8 United States District Court 9 Central District of California 10 Western Division 11 12 MARQUISE BAILEY, CV 23-08981 TJH

13 Plaintiff, Order to Show Cause 14 v. 15 O Connors Lakewood LLC, et al., 16 Defendants. 17 18 The Complaint filed in this case alleged a claim for injunctive relief for an 19 alleged violation of the Americans with Disabilities Act,

42 U.S.C. §§ 12010-12213

20 ["ADA"], and a claim for damages pursuant to California's Unruh Civil Rights Act, 21

Cal. Civ. Code §§ 51-53

["Unruh Act"]. It appears that the Court possesses only 22 supplemental jurisdiction over the Unruh Act claim and any other state law claim that 23 Plaintiff may have alleged, if any. See

28 U.S.C. § 1367

(a). 24 Section 1367 "reflects the understanding that, when deciding whether to exercise 25 supplemental jurisdiction, ‘a federal court should consider and weigh in each case, and 26 at every stage of the litigation, the values of judicial economy, convenience, fairness, 27 and comity.'" City of Chicago v. Int'l Coll. of Surgeons,

522 U.S. 156, 173

(1997) 28 (emphasis added) (quoting Carnegie-Mellon Univ. v. Cohill,

484 U.S. 343

, 350 1 | (1988)). 2 Therefore, Plaintiff shall show cause, in writing, by February 5, 2024, as to why 3 || the Court should exercise supplemental jurisdiction over the Unruh Act claim and any 4 || other state law claims Plaintiff may have alleged, if any. See

28 U.S.C. § 1367

(c). 5 In responding to this Order to Show Cause, Plaintiff shall identify the amount of 6 || statutory damages Plaintiff seeks to recover. Plaintiff and Plaintiff's counsel shall, 7 | also, support their responses to this Order to Show Cause with declarations, signed 8 || under penalty of perjury, providing all facts necessary for the Court to determine if 9 || they satisfy the definition of a "high-frequency litigant," as provided by California Civil 10 || Procedure Code §§ 425.55(b)(1) & (2). 11 Failure to timely or adequately respond to this Order to Show Cause may, 12 || without further warning, result in the dismissal, without prejudice, of this entire case, 13 || or the Court declining to exercise supplemental jurisdiction over the Unruh Act and the 14 || other state law claims, if any, and the dismissal of the state law claims pursuant to 28 15 | U.S.C. § 1367(c). 16 17 IT IS SO ORDERED. 18 : Date: January 3, 2024 ae 21 gers J. Hatter, <4 22 Senior United States District □□□□□ 23 24 25 26 27 28

Order to Show Cause — Page 2 of 2

Reference

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