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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:23-cv-02033-FWS-ADS Date: November 13, 2023 Title: Sam Benford v. The Sherwin-Williams Company et al.

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 for violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., violation of California’s Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51-52, violation of the California Disabled Persons Act, Cal. Civ. Code § 54 et seq., violation of California Health and Safety Code § 1955 et seq., and negligence. (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 state law claims asserted in the Complaint on or before November 20, 2023, at 5:00 p.m.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:23-cv-02033-FWS-ADS Date: November 13, 2023 Title: Sam Benford v. The Sherwin-Williams Company et al. 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 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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