Gastelum

Gastelum v. Five Below, Inc.

Good Law
United States District Court, Eastern District of CaliforniaJuly 12, 20221:22-cv-00825California6,558 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

FERNANDO GASTELUM, Case No. 1:22-cv-00825-AWI-SAB

Plaintiff, ORDER SCREENING COMPLAINT

v. (ECF No. 1)

FIVE BELOW, INC., DEADLINE: AUGUST 22, 2022 Defendant. 16 17 18 19 Plaintiff Fernando Gastelum (“Plaintiff”) is proceeding pro se1 in this accessibility litigation pursuant to the Americans with Disabilities Act (ADA) and state law against Defendant Five Below, Inc. (“Defendant” or “Five Below”). (ECF No. 1.) The Court issues the following sua sponte screening order pursuant to its independent obligation under Federal Rule of Civil Procedure 12(h)(3) to determine whether it has subject-matter jurisdiction over this matter. For the reasons discussed herein, the Court finds it lacks subject-matter jurisdiction and shall dismiss the complaint with leave to amend. ///

1 The Court notes Plaintiff paid the filing fee for this action on July 5, 2022. I. LEGAL…

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