Kenneth Davidson v. Ink N Stitch, et al.

Summary

The United States District Court for the Central District of California orders Plaintiff Kenneth Davidson to show cause why the court should exercise supplemental jurisdiction over claims under California’s Unruh Civil Rights Act and related state law. The court directs Plaintiff and counsel to identify the statutory damages sought and submit declarations addressing whether they qualify as high-frequency litigants under California law. The response is due within fourteen days, and failure to respond may result in dismissal of the state law claims without further notice.

Holdings

1. Supplemental jurisdiction is discretionary rather than a right of the plaintiff, and the district court may decline to exercise it under the circumstances enumerated in 28 U.S.C. § 1367(c), including when state-law issues are novel or complex, substantially predominate, all federal claims have been dismissed, or exceptional circumstances provide compelling reasons to decline jurisdiction.
2. In responding to the order to show cause, plaintiff and counsel must submit declarations under penalty of perjury providing facts necessary for the court to determine whether they satisfy California's definition of a high-frequency litigant and must identify the statutory damages sought.

Questions Presented

1. Whether the district court should exercise supplemental jurisdiction over the plaintiff's Unruh Civil Rights Act claim and any related state-law claims.
2. What information plaintiff and counsel must provide to permit the court to evaluate whether declining supplemental jurisdiction is appropriate under 28 U.S.C. § 1367(c).

Disposition

other