Case 8:23-cv-00259-FWS-KES Document 10 Filed 02/17/23 Page 1 of 2 Page ID #:36

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No.: 8:23-cv-00259-FWS-KES Date: February 17, 2023 Title: Theresa Brooke v. Newport Center Hotel LLC

Present: HONORABLE FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE

Melissa H. Kunig N/A Deputy Clerk Court Reporter

Attorneys Present for Plaintiff: Attorneys Present for Defendant:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE:

SUPPLEMENTAL JURISDICTION

The court is in receipt of the Complaint filed in this action, which asserts claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12010 et seq. and California’s Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51-53. (Dkt. 1.) The court observes that it possesses only supplemental jurisdiction over Plaintiff’s state law claims. 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)). Given relevant authority on the court’s exercise of supplemental jurisdiction, including but not limited to Ninth Circuit’s decisions in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021) and Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022), the court ORDERS Plaintiff to show cause in writing why this court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint on or before February 24, 2023, at 5:00 p.m.

Failure to adequately comply with the court’s order may result in dismissal of this action with prejudice and without further notice. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R., 370 ____________________________________________________________________________

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Case 8:23-cv-00259-FWS-KES Document 10 Filed 02/17/23 Page 2 of 2 Page ID #:37

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No.: 8:23-cv-00259-FWS-KES Date: February 17, 2023 Title: Theresa Brooke v. Newport Center Hotel LLC U.S. 626, 629 (1962) (“The authority of a federal trial court to dismiss a plaintiffs action with prejudice because of his failure to prosecute cannot seriously be doubted.”); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 693, 689 (9th Cir. 2005) (“[C]ourts may dismiss under Rule 41(b) sua sponte, at least under certain circumstances.”); Ash v. Cvetkov, 739 F.2d 493, 496 (9th Cir. 1984) (“It is within the inherent power of the court to sua sponte dismiss a case for lack of prosecution.”).

IT IS SO ORDERED.

Initials of Deputy Clerk: mku

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