Gastelum

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 FERNANDO GASTELUM, Case No. 21-cv-06714-VKD

Plaintiff, ORDER DENYING IN PART

DEFENDANT’S MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT;

ORDER TO SHOW CAUSE RE

THE TJX COMPANIES, INC., SUPPLEMENTAL JURISDICTION Defendant. Re: Dkt. No.

13 Pro se plaintiff Fernando Gastelum challenges accessibility barriers he claims he encountered at stores allegedly owned or operated by defendant The TJX Companies, Inc. (“TJX”). TJX moves pursuant to Rule 12(b)(1) to dismiss Mr. Gastelum’s second amended complaint (“SAC”) for lack of standing to seek injunctive relief under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12182, et seq. TJX also argues that the Court should dismiss or decline jurisdiction over Mr. Gastelum’s claim under the California Unruh Civil Rights Act (“Unruh Act”). Mr. Gastelum opposes the motion. Upon consideration of the…