Gilbert v. Dabb Liquor Incorporated

I. INTRODUCTION

20 On April 24, 2022, Plaintiff Darren Gilbert (“Plaintiff”) filed his Complaint against Defendants Dabb Liquor Incorporated dba P J Market and Paramjit Singh alleging claims under the American with Disabilities Act (ADA), California’s Unruh Civil Rights Act, and California’s Health and Safety Code. (Doc. 1). These claims stem from alleged barriers Plaintiff encountered (such as an uneven path of travel) while he visited a facility owned, operated, or leased by Defendants—PJ Market. (See id.) No defendant has appeared. Plaintiff has obtained a clerk’s entry of default against Defendants but has not yet moved for entry of default judgment. (Docs. 10 & 11.) On March 20, 2023, the undersigned ordered Plaintiff to show cause why the Court should not decline to exercise supplemental jurisdiction over his Unruh Act claim in light of the Ninth Circuit’s decision in Vo v. Choi. (See Doc. 14.); Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022) (affirming a district court’s decision to decline supplemental jurisdiction over an Unruh Act claim); see 28 U.S.C. § 1367(c). Plaintiff timely filed a response on…