Theresa Brooke v. Arun Kumar Patel and Amita A. Patel
Theresa Brooke v. Arun Kumar Patel and Amita A. Patel
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THERESA BROOKE, Case No. 1:25-cv-01149 JLT CDB
12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DECLINING 13 v. SUPPLEMENTAL JURISDICTION OVER PLAINTIFF’S STATE LAW CLAIM 14 ARUN KUMAR PATEL and AMITA A. PATEL, (Doc. 6) 15 Defendants. 16
17 Theresa Brooke seeks to hold Arun Kumar Patel and Amita A. Patel liable for violations 18 of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. (Doc. 1.) 19 Following an order to show cause regarding jurisdiction (Doc. 4), the assigned magistrate judge 20 issued Findings and Recommendations, recommending the Court decline to exercise 21 supplemental jurisdiction over Plaintiff’s state law claim and dismiss the Unruh Act claim 22 without prejudice pursuant to
28 U.S.C. § 1367(c)(4). (Doc. 6.) 23 The Court served the Findings and Recommendations on Plaintiff1 and informed her that 24 any objections must be filed within 14 days of the date of service. (Doc. 6 at 8.) The Court 25 advised her that “failure to file objections within the specified time may result in the waiver of 26 rights on appeal.” (Id., citing Wilkerson v. Wheeler,
772 F.3d 834, 838-839(9th Cir. 2014).) 27 Plaintiff did not file objections, and the time to do so has expired. 1 According to
28 U.S.C. § 636(b)(1), this Court performed a de novo review of the case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and by proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated September 16, 2025 (Doc. 6) are 5 ADOPTED in full. 6 2. The Court DECLINES to exercise supplemental jurisdiction over Plaintiff's claim 7 arising under state law pursuant to
28 U.S.C. § 1367(c)(4). 8 3. Plaintiff's second cause of action for a violation of the Unruh Act is DISMISSED 9 without prejudice. 10 IT IS SO ORDERED. 12 Dated: _ October 1, 2025 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown