Summary
The Central District of California orders the parties to submit a joint status report addressing alleged ADA barriers, remedial measures, and potential summary judgment motions. The court also orders the plaintiff to show cause why it should exercise supplemental jurisdiction over the Unruh Act and other state-law claims, and requires declarations concerning high-frequency litigant status and identification of statutory damages sought.
Holdings
- The court ordered the parties to file a joint status report at least seven days before the initial status conference and ordered the plaintiff to respond within fourteen days explaining why the court should exercise supplemental jurisdiction over the Unruh Act and any other state-law claims.
Questions Presented
- Whether the parties should be required to report on investigation or remediation of the alleged ADA barriers and their anticipated summary-judgment motions.
- Whether the plaintiff should show cause why the court should exercise supplemental jurisdiction over the Unruh Act and other state-law claims.
- Whether voluntary removal of alleged ADA barriers, together with the unavailability of nominal damages under Title III, could moot the ADA claim and affect supplemental jurisdiction and attorney-fee entitlement.
Disposition
other
Cases Cited (9)
- Oliver v. Ralphs Grocery Co., 654 F.3d 903, 905 (9th Cir. 2011)(followed)
- American Cargo Transport, Inc. v. United States, 625 F.3d 1176, 1179 (9th Cir. 2010)(followed)
- Hillesheim v. Holiday Stationstores, Inc., 953 F.3d 1059, 1062 (8th Cir. 2020)(followed)
- G. v. Fay School, 931 F.3d 1, 11 (1st Cir. 2019)(followed)
- Brooke v. A-Ventures, LLC, 2017 WL 5624941, at *5 (D. Ariz. Nov. 22, 2017)(followed)
- Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001)(followed)
- Molski v. Foster Freeze Paso Robles, 267 F. App'x 631, 632 (9th Cir. 2008)(followed)
- City of Chicago v. International College of Surgeons, 522 U.S. 156, 173 (1997)(followed)
- Carnegie-Mellon University v. Cohill, 484 U.S. 343, 350 (1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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