Whitaker
Whitaker v. TPD Tobacco LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 22-cv-00064-JCS
Plaintiff,
ORDER DECLINING TO EXERCISE
v. SUPPLEMENTAL JURISDICTION
AND DISMISSING STATE CLAIM
TPD TOBACCO LLC,
Defendant.
On March 1, 2022, the Court ordered Plaintiff Brian Whitaker to show cause why the Court should not decline to exercise supplemental jurisdiction over his state-law Unruh Civil Rights Act claim for the reasons stated in Garcia v. Maciel, No. 21-cv-03743-JCS (N.D. Cal.),1 which in turn relied on the Ninth Circuit’s decision in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021). See Order to Show Cause (dkt. 16) (text-only docket entry). The portion of Whitaker’s opposition brief (dkt. 18) responding to the order to show cause is copied verbatim from the unsuccessful brief filed by the plaintiff in Garcia, who was represented by the same law firm. Whitaker’s brief offers no reason why the Court should reach a different conclusion here. Accordingly, based on the factors set…