Kevin Cox v. May Enterprises, LLC

Summary

This civil minutes order directs the plaintiff to show cause why the court should exercise supplemental jurisdiction over claims under California disability-access and related state laws. The court discusses 28 U.S.C. § 1367(c), California’s heightened pleading and high-frequency-litigant provisions, and concerns of fairness and comity. Plaintiff must respond by November 17, 2025, including the amount of statutory damages sought and declarations addressing high-frequency-litigant status.

Holdings

1. The court did not make a final determination on supplemental jurisdiction; instead, it ordered plaintiff to show cause why the court should exercise supplemental jurisdiction over the Unruh Act claim and any other state-law claim.
2. Plaintiff must identify the statutory damages sought and plaintiff and counsel must submit declarations under penalty of perjury providing facts relevant to whether they satisfy California's high-frequency-litigant definition.

Questions Presented

1. Whether the court should exercise supplemental jurisdiction over the Unruh Civil Rights Act claim and other California state-law claims under 28 U.S.C. § 1367.
2. Whether plaintiff and counsel must provide information and declarations concerning statutory damages and their status or potential status as high-frequency litigants before the court decides whether to exercise supplemental jurisdiction.

Disposition

other