Whitaker

Whitaker v. DS Bros. LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 29, 20223:21-cv-07087California207 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER,

Case No. 21-cv-07087-RS Plaintiff, 9 V. ORDER TO SHOW CAUSE

DS BROS. LLC,

Defendant.

v Plaintiff has filed a motion for default judgment against Defendant concerning the Oo accessibility of tables at Babylon, a business which appears to have shuttered. To effectuate the Q 16 || Court’s “obligation to determine whether subject-matter jurisdiction exists, even in the absence of

a challenge from any party,” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006), Plaintiff is

18 || ordered to show cause as to why this case should not be dismissed for lack of Article III standing. || As the ADA allows private plaintiffs to sue only for injunctive relief, Oliver v. Ralphs Grocery Co., 654 F.3d 903, 905 (9th Cir. 2011), Plaintiff’s response must outline the requisite threat of future injury or any remaining bases for injunctive relief on or before September 9, 2022. Failure 22 || to do so will result…

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