History
  • No items yet
midpage
Colton Bryant v. Emilio Loza
2:21-cv-08018
C.D. Cal.
Oct 28, 2021
Check Treatment
Docket

Colton Bryant v. Emilio Loza, et al.

Case No. 2:21-cv-08018-RGK-AS

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

October 28, 2021

CIVIL MINUTES - GENERAL

R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Sharon L. WilliamsNot ReportedN/A
Deputy ClerkCourt Reporter / RecorderTape No.
Attorneys Present for Plaintiff:Attorneys Present for Defendants:
Not PresentNot Present

Proceedings: (IN CHAMBERS) Order to Show Cause

The Complaint filed in this action asserts a claim for injunctive relief arising out of an alleged violation of the Americans with Disabilities Act (“ADA“), 42 U.S.C. §§ 12010-12213, and a claim for damages pursuant to California‘s Unruh Civil Rights Act (“Unruh Act“), Cal. Civ. Code §§ 51-53. It appears that the Court possesses only supplemental jurisdiction over the Unruh Act claim, and other state law claims that plaintiff alleged, pursuant to the Court‘s supplemental jurisdiction. See 28 U.S.C. § 1367(a).

The supplemental jurisdiction statute “reflects the understanding that, when deciding whether to exercise supplemental jurisdiction, ‘a federal court should consider and weigh in each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity.‘” City of Chicago v. Int‘l Coll. of Surgeons, 522 U.S. 156, 173, 118 S. Ct. 523, 534, 139 L. Ed. 2d 525 (1997) (emphasis added) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350, 108 S. Ct. 614, 619, 98 L. Ed. 2d 720 (1988)). The Court therefore orders plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. See 28 U.S.C. § 1367(c).

In responding to this Order to Show Cause, plaintiff shall identify the amount of statutory damages plaintiff seeks to recover. Plaintiff and plaintiff‘s counsel shall also support their responses to the Order to Show Cause with declarations, signed under penalty of perjury, providing all facts necessary for the Court to determine if they satisfy the definition of a “high-frequency litigant” as provided by California Civil Procedure Code sections 425.55(b)(1) & (2). Plaintiff shall file a Response to this Order to Show Cause by no later than November 4, 2021.

Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of that claim pursuant to 28 U.S.C. § 1367(c).

IT IS SO ORDERED.

Initials of Preparer

Case Details

Case Name: Colton Bryant v. Emilio Loza
Court Name: District Court, C.D. California
Date Published: Oct 28, 2021
Citation: 2:21-cv-08018
Docket Number: 2:21-cv-08018
Court Abbreviation: C.D. Cal.
AI-generated responses must be verified and are not legal advice.
Log In