Whitaker

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

Plaintiff, ORDER DISMISSING CASE FOR LACK OF v.

ARTICLE III STANDING; DENYING REPORT

AND RECOMMENDATION AS MOOT;

EVA C. JEONG, ET AL.,

DECLINING SUPPLEMENTAL JURISDICTION

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”). After this case was reassigned to the undersigned on a report and recommendation in favor of default, the Court issued an order to show cause as to why the case should not be dismissed for lack of standing and why the Court should not decline supplemental jurisdiction over the Unruh Act claim. (Dkt. No. 31.) Plaintiff timely filed a response on October 7, 2022. (Dkt. No. 32.) As the Court explained in the order to show cause, plaintiff’s complaint provided no factual enhancement to support any…