Michael Harris v. David Song et al.

Summary

The United States District Court for 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

1. The parties were ordered to file a joint status report at least seven days before the initial status conference, with defendant describing measures taken to investigate or remedy the alleged barriers, plaintiff stating its position regarding any remedial measures, and both parties addressing whether and when they intend to move for summary judgment.
2. The plaintiff was ordered to show cause in writing why the court should exercise supplemental jurisdiction over the Unruh Act claim and any other state-law claim asserted in the complaint, and to identify the amount of statutory damages sought and provide declarations addressing whether plaintiff and counsel qualify as high-frequency litigants.

Questions Presented

1. What information must the parties provide concerning investigation or remediation of the alleged ADA barriers and their anticipated summary-judgment motions?
2. Whether the plaintiff should show cause why the court should exercise supplemental jurisdiction over the Unruh Act and other state-law claims.
3. Whether voluntary remediation could moot the ADA claim and affect dismissal of supplemental claims and recovery of attorney's fees.

Disposition

other