Johnson v. Borel Square LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-07527-JSW

Plaintiff,

ORDER TO SHOW CAUSE

v. 9 Re: Dkt. No. 22 BOREL SQUARE LLC, et al., Defendants.

12 On June 17, 2022, the Clerk entered default against Defendant Borel Square LLC, Plaintiff has filed suit seeking relief under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”). Federal courts “have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). The only remedy available for Plaintiff’s ADA claim is injunctive relief, but the Unruh Act provides for damages. See, e.g., Arroyo v. Rosas, 19 F.4th 1202, 1211 (9th Cir. 2021). “[A] plaintiff must demonstrate standing for each claim [they seek] to press and for each form of relief that is sought.” Town of Chester, N.Y v. Laroe Estates, Inc., 137 S. Ct 1645, 1650 (2017) (quoting Davis v. Fed. Election …