Whitaker

Whitaker v. Pita Hub Inc.

Good Law
United States District Court, Northern District of CaliforniaMarch 9, 20224:21-cv-05571California517 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-05571-DMR

Plaintiff,

ORDER TO SHOW CAUSE

v. Re: Dkt. No. 19 PITA HUB INC., Defendant.

12 The court has reviewed Plaintiff’s notice of mootness. [Docket No. 19.] In light of Plaintiff’s representation that his claim for injunctive relief under the Americans with Disabilities Act (“ADA”) is now moot, the court sua sponte raises the question of whether it should retain supplemental jurisdiction over the remaining California Unruh Civil Rights Act claim. 28 U.S.C. § 1367(c)(4) authorizes a district court to “decline to exercise supplemental jurisdiction over a claim . . . if . . . in exceptional circumstances, there are other compelling reasons for declining jurisdiction.” In Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021), the Ninth recognized that “a recent confluence of several California-law rules have combined to create a highly unusual systemic impact on ADA-based Unruh Act cases that clearly threatens to have a…

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