Garcia

Garcia v. Dhugga

Good Law
United States District Court, Northern District of CaliforniaSeptember 13, 20223:21-cv-07542California670 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ORLANDO GARCIA, Case No. 21-cv-07542-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

KASHMIR S. DHUGGA, et al., Re: Dkt. No. 29, 35, 38 Defendants.

The motion to dismiss is granted. The case is dismissed without prejudice. On September 28, 2021, Garcia filed a complaint against the defendants for injunctive relief under the ADA and damages under California’s Unruh Act. On June 22, 2022, the Court declined to exercise supplemental jurisdiction over the Unruh Act claim. The Court then allowed the defendants to conduct three months of jurisdictional discovery. On July 12, 2022, Garcia moved to dismiss his ADA claim so that he could litigate both claims in a single forum.1 When a plaintiff requests dismissal under Rule 41(a)(2), “the Court must make three separate determinations: (1) whether to allow dismissal; (2) whether the dismissal should be with or without prejudice; and (3) what terms and conditions, if any, should be imposed.” Williams v. Peralta Community College District, 227 F.R.D. 538, 539 (N.D. Cal. 2005). Here, the defendants have not shown they will…

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