Theroux Jr. v. Mar-Con Products, Inc.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 VERN ROBERT THEROUX, JR., an Case No.: 19-cv-1810-H-AHG 11 individual, ORDER GRANTING MOTION TO Plaintiff,

DISMISS PLAINTIFF’S STATE

13 v. LAW CLAIM 14 MAR-CON PRODUCTS, INC., a [Doc. No. 4.] California corporation; and DOES 1-10, Defendants. 17 On September 18, 2019, Plaintiff Vern Robert Theroux, Jr. commenced this civil action against Defendant Mar-Con Products, Inc. and Does 1-10 (“Defendants”) alleging violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. (“ADA”), and California’s Unruh Civil Rights Act §§ 51–53 (“Unruh Act”). Defendant Mar-Con now moves to dismiss the state law claim for lack of subject matter jurisdiction under 28 U.S.C. § 1367.1 Plaintiff has not opposed. Pursuant to its discretion under Local Rule 7.1(d)(1), the Court determines that the motion is fit for resolution without oral argument. Accordingly, the Court submits the motion on the parties' papers and vacates the…