Fischer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-05928-JSW

Plaintiff,

ORDER DISMISSING UNRUH ACT

v. CLAIM AND SETTING EVIDENTIARY

HEARING

ROBERT S. FISCHER, Re: Dkt. No. 33 Defendant.

12 Plaintiff Scott Johnson (“Plaintiff”) sued Defendant Robert S. Fischer for failure to provide wheelchair accessible outside dining surfaces at Palo Alto Creamery in violation of the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act (“Unruh Act”). On September 23, 2022, the Court ordered Plaintiff to show cause why this case should not be dismissed for lack of Article III standing and why the Court should not decline to exercise supplemental jurisdiction over his Unruh Act claim. (Dkt. No. 33, Order to Show Cause (“OSC”).) Plaintiff responded with a brief and a declaration to substantiate his experience and intent to return. Defendant submitted a response to Plaintiff’s brief. A. Supplemental Jurisdiction Federal courts…