Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-09398-PJH Plaintiff,

v. ORDER OF DISMISSAL

AVOCADO TOAST INC, Re: Dkt. No. 44 Defendant.

13 Before the court is plaintiff’s “notice of indication of mootness of ADA claim for injunctive relief.” In the notice, plaintiff accepts defense counsel’s representation to the court that the barrier to plaintiff’s access has been fully remedied and removed. The removal of the barrier leaves plaintiff’s claim for injunctive relief under the ADA moot, and plaintiff thus “has no objection to dismissal of his ADA claim.” Dkt. 44 at 1. Further, plaintiff states that, if the court dismisses the ADA claim, the sole federal claim giving this court subject matter jurisdiction, he “has no objection to the Court declining to exercise supplemental jurisdiction over his state law claim so that he can refile that action in state court.” Dkt. 44 at 1-2. This court’s subject matter jurisdiction is based…