Whitaker
Whitaker v. Fresh Society, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-01815-JST
Plaintiff,
ORDER TO SHOW CAUSE
v.
FRESH SOCIETY, INC., Defendant.
12 On March 16, 2021, Plaintiff Brian Whitaker filed this action against Defendant Fresh Society, Inc., alleging violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”) in relation to the Fresh Society store in Santa Clara, California. ECF No. 1. Plaintiff seeks injunctive relief under the ADA and the Unruh Act, statutory damages under the Unruh Act, and attorney’s fees and costs. Id. at 7. Plaintiff contends that this Court has federal question jurisdiction over the ADA claim and supplemental jurisdiction over the Unruh Act and other state law claims. Id. ¶¶ 5-6. Supplemental jurisdiction “is a doctrine of discretion, not of plaintiff’s right.” United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966). District courts have discretion to decline to exercise supplemental jurisdiction if: “(1) the claim…