Garcia v. Quong Fook Tong

• Court: District Court, N.D. California
• Decided: March 9, 2022
• Docket: 3:21-cv-05539
• Status: Unknown

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 ORLANDO GARCIA, 9 Case No. 21-cv-05539-JCS Plaintiff, 10 v. ORDER TO SHOW CAUSE 11 QUONG FOOK TONG, 12 Defendant. 13

14 15 On March 8, 2022, Defendant moved to dismiss this case for lack of subject matter 16 jurisdiction. That motion primarily addresses standing and does not address supplemental 17 jurisdiction. In addition to addressing the arguments Defendant has raised, Plaintiff Orlando 18 Garcia is ORDERED TO SHOW CAUSE why, if the Court determines that it has subject matter 19 jurisdiction over Garcia’s federal claim under the Americans with Disabilities Act (“ADA”), the 20 Court should not decline to exercise supplemental jurisdiction over Garcia’s state-law Unruh Act 21 claim for the reasons stated in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021). Although that 22 decision held that a district court erred in declining to exercise jurisdiction over an Unruh Act 23 claim when the court had already determined the plaintiff was entitled to judgment on a parallel 24 ADA claim, the Ninth Circuit had “little difficulty concluding that the district court did not abuse 25 its discretion in concluding that the situation presented . . . involves ‘exceptional circumstances’” 26 sufficient to decline supplemental jurisdiction if the issue had been raised at an earlier stage of the 27 case. Id. at 1214. Accordingly, Garcia’s opposition brief, which is due March 22, 2022, must 1 portion of the case survives Defendants’ motion. 2 IT IS SO ORDERED. 3 4 Dated: March 9, 2022 5 6 J PH C. SPERO 7 ief Magistrate Judge 8 9 10 11 12

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