Gastelum

Gastelum v. TJX Companies

Good Law
United States District Court, Southern District of CaliforniaJuly 22, 20223:21-cv-01435California5,986 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, Case No.: 21CV1435-GPC(BLM)

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO DISMISS

PLAINTIFF’S FIRST AMENDED

THE TJX COMPANIES dba

COMPLAINT AND SUA SPONTE

HOMEGOODS SAN DIEGO,

DECLINING SUPPLEMENTAL Defendant. JURISDICTION OVER THE STATE

LAW CLAIM

[Dkt. No. 23.]

18 Before the Court is Defendant’s motion to dismiss Plaintiff’s First Amended 19 Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of 20 subject matter jurisdiction. (Dkt. No. 23.) Plaintiff filed an opposition. (Dkt. No. 25.) 21 Defendant filed a reply. (Dkt. No. 26.) On July 15, 2022, Defendant filed a notice of 22 supplemental authority. (Dkt. No. 29.) Based on the reasoning below, the Court 23 DENIES Defendant’s motion to dismiss the federal claim under the Americans with 24 Disability Act and sua sponte DECLINES supplemental jurisdiction over the state…

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