Whitaker
Whitaker v. Brender Commercial Land Holding LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 BRIAN WHITAKER, Case No. 21-cv-01125-BLF
Plaintiff,
ORDER DISMISSING UNRUH ACT
v. CLAIM WITHOUT PREJUDICE;
TERMINATING AS MOOT MOTION
BRENDER COMMERCIAL LAND TO DISMISS HOLDING LLC, et al., [Re: ECF Nos. 24, 27] Defendants. 12 On October 18, 2021, this Court issued an order to show cause why the remaining Unruh Act claim should not be dismissed without prejudice for lack of subject matter jurisdiction. See ECF No. 27. Plaintiff timely responded, opposing dismissal. ECF No. 28. The Court will decline supplemental jurisdiction over the Unruh Act claim and DISMISS it WITHOUT PREJUDICE to refiling in state court. Plaintiff principally argues that this Court should exercise supplemental jurisdiction because the Unruh Act claim is “uniquely wedded” to his ADA claim, and “it makes no sense to separate them.” See ECF No. 28 at 2-3. In support, …