Raul Uriarte-Limon v. United Capital Investments, LLC

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES —- GENERAL Case No. _5:21-cv-00276-MAA Date: September 2, 2021 Title

Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge

James Munoz N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiff: Attorneys Present for Defendants: N/A N/A Proceedings (In Chambers): ORDER TO SHOW CAUSE

The Complaint filed in this action asserts a claim for injunctive relief arising from 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. 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’! Coll. of Surgeons, 522 U.S. 156, 173 (1997) (emphasis added) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)). The Court therefore ORDERS Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim, or 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 also shall 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

CV-90 (03/15) Civil Minutes — General Page 1 of 2

CIVIL MINUTES – GENERAL

Case No. 5:21-cv-00276-MAA Date: September 2, 2021 Title Raul Uriarte-Limon v. United Capital Investments, LLC et al.

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 fourteen (14) days after the date of this Order. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the Court’s dismissal of the entire action without prejudice, or the Court’s declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, if any, and dismissal of any such claims pursuant to 28 U.S.C. § 1367(c).

It is so ordered.