Baidan
Orest Baidan v. Leone, Alberts & Duus, APC, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 OREST BAIDAN, Case No. 25-cv-08455-VKD
Plaintiff, ORDER FOR REASSIGNMENT TO A
DISTRICT JUDGE;
v.
REPORT AND RECOMMENDATION
LEONE, ALBERTS & DUUS, APC, et al., TO DISMISS FIRST AMENDED
COMPLAINT
Defendants. 12 Re: Dkt. No. 6
14 For the reasons discussed below, the Court directs the Clerk of the Court to reassign this action to a district judge, with the recommendation that the first amended complaint be dismissed for lack of subject matter jurisdiction without further leave to amend and without prejudice to filing an appropriate complaint in state court. REPORT AND RECOMMENDATION I. BACKGROUND Orest Baidan, who is representing himself, filed this action on October 3, 2025, alleging violations of the Americans with Disabilities Act (“ADA”). Dkt. No. 1. Mr. Baidan also filed an application to proceed in forma pauperis (“IFP”). Dkt. No. 2. On October 17, 2025, the…