Summary
The court orders Plaintiff Jeremy Holland to show cause why it should exercise supplemental jurisdiction over claims under California’s Unruh Civil Rights Act and related state-law claims. The order discusses 28 U.S.C. § 1367, California’s heightened pleading requirements for construction-related accessibility claims, and the high-frequency-litigant provisions. Plaintiff must identify the statutory damages sought and submit declarations addressing whether Plaintiff and counsel meet the statutory definition of high-frequency litigants.
Holdings
- Supplemental jurisdiction is discretionary rather than a matter of right, and a district court may decline to exercise it for the reasons identified in 28 U.S.C. § 1367(c), including dismissal of all claims within original jurisdiction or exceptional circumstances presenting compelling reasons to decline jurisdiction.
- The court ordered Plaintiff to show cause why it should exercise supplemental jurisdiction and required a written response addressing statutory damages and high-frequency-litigant status before deciding whether to retain or dismiss the state-law claims.
Questions Presented
- Whether the court should exercise supplemental jurisdiction over Plaintiff's Unruh Act claim and any related state-law claims under 28 U.S.C. § 1367.
- What information Plaintiff must provide to permit the court to evaluate the discretionary jurisdictional factors, including the amount of statutory damages sought and whether Plaintiff qualifies as a high-frequency litigant.
Disposition
other
Cases Cited (4)
- City of Chi. v. Int'l Coll. of Surgeons, 522 U.S. 156, 172-73 (1997)(followed)
- Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)(followed)
- Acri v. Varian Assocs., 114 F.3d 999, 1000 (9th Cir. 1997)(followed)
- Schutza v. Cuddeback, 262 F. Supp. 3d 1025, 1031 (S.D. Cal. 2017)(analogized)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…