Whitaker

Whitaker v. Pita Hub Inc.

Good Law
United States District Court, Northern District of CaliforniaApril 19, 20224:21-cv-05571California2,155 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER DISMISSING CASE

v.

PITA HUB INC., Defendant.

This lawsuit alleges violations of the public accommodations requirements of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and California’s Unruh Civil Rights Act. The case is still at the pleadings stage. On March 3, 2022, Plaintiff gave notice that his claim for injunctive relief under the ADA is moot because “the subject business is no longer operational and there is no plan for the business to reopen.” [Docket No. 19.] Plaintiff was ordered to show cause why the court should not decline to exercise supplemental jurisdiction over the remaining state law claim. [Docket No. 20.] Plaintiff timely submitted a response (“Pl.’s Br.”). [Docket No. 22.] After reviewing Plaintiff’s brief, the court concludes that retention of supplemental jurisdiction is not appropriate and dismisses the case without prejudice to…

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