Case 5:22-cv-02184-JGB-KK Document 12 Filed 12/22/22 Page 1 of 2 Page ID #:45

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. EDCV 22-2184 JGB (KKx) Date December 22, 2022 Title Juanita Herrera v. 5.11, Inc. et al.

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: Order to Show Cause (IN CHAMBERS) The complaint filed in this action asserts a claim for injunctive relief arising out of an alleged violation of the Americans with Disabilities Act (“ADA”) and a claim for damages pursuant to California’s Unruh Civil Rights Act (“Unruh Act”). (See “Complaint,” Dkt. No. 1.) It appears that the Court possesses only supplemental jurisdiction over the Unruh Act claim that Plaintiff Juanita Herrera, individually and on behalf of all others similarly situated, has alleged. See 28 U.S.C. § 1367(a).

The supplemental jurisdiction statute “reflects the understanding that, when deciding whether to exercise supplemental jurisdiction, ‘a federal court should consider and weigh in each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity.’” City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156, 173 (1997) (emphasis added) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)). Therefore, the Court orders Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim asserted in the Complaint. See 28 U.S.C. § 1367(c).

In responding to this Order to Show Cause (“OSC”), Plaintiff shall identify the amount of statutory damages that Plaintiff seeks to recover. Plaintiff and Plaintiff’s counsel shall also support their responses to the OSC with declarations, signed under penalty of perjury, providing all facts necessary for the Court to determine if they satisfy the definition of a “high-frequency litigant” as provided by California Civil Procedure Page 1 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk MG Case 5:22-cv-02184-JGB-KK Document 12 Filed 12/22/22 Page 2 of 2 Page ID #:46

Code Sections 425.55(b)(1)-(b)(2). Plaintiff shall file a Response to this OSC no later than January 6, 2023.

Failure to timely or adequately respond to this OSC may, without further warning, result in the dismissal of the entire action without prejudice or the Court declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of that claim pursuant to 28 U.S.C. Section 1367(c).

IT IS SO ORDERED.

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