UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03100-JCS
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS AND STRIKE
SURF AND TURF, LLC, Re: Dkt. No. 15 Defendant.
I. INTRODUCTION Plaintiff Brian Whitaker brings this case under the federal Americans with Disabilities Act (the “ADA”) and California’s Unruh Civil Rights Act, asserting that Defendant Surf and Turf, LLC (“Surf & Turf”) failed to provide wheelchair-accessible facilities. Surf & Turf moves to dismiss Whitaker’s complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure and, in the alternative, asks the Court to decline to exercise supplemental jurisdiction over his Unruh Act claim and dismiss it under Rule 12(b)(1) or to strike that claim under Rule 12(f) for failure to comply with California’s procedural requirements for high-frequency litigants. The Court finds the matter suitable for resolution without oral argument and VACATES the hearing previously set …