Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 BRIAN WHITAKER, Case No. 4:21-cv-02362-YGR

Plaintiff, ORDER TO SHOW CAUSE RE: ARTICLE III v.

STANDING; SUPPLEMENTAL JURISDICTION

EVA C. JEONG, ET AL., Defendants.

Plaintiff Brian Whitaker has sued for alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (the “ADA”) and California’s Unruh Civil Rights Act, Cal. Civ. Code § 51, et seq. (the “Unruh Act”). This case was reassigned to the undersigned after Magistrate Judge Sallie Kim issued a Report and Recommendation (“Report,” Dkt. No. 29) in favor of default judgment. Having considered the Report and pleadings in this action, the Court is concerned that plaintiff has not sufficiently alleged standing for his ADA claim to support the issuance of default judgment. Additionally, exceptional circumstances appear to support declining supplemental jurisdiction over the Unruh Act claim. Accordingly, plaintiff is HEREBY ORDERED TO SHOW CAUSE in writing by no later than…