Kyu Hwa Back v. Fidel Rodriguez
| Kyu Hwa Back |
| Fidel Rodriguez and DOES 1 to 10 |
| 2:2022cv02251 |
| April 4, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Michael R Wilner |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 Americans With Disabilities Act |
| Plaintiff |
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Filing 12
MINUTE ORDER DECLINING SUPPLEMENTAL JURISDICTION AND DISMISSING UNRUH ACT CLAIM by Judge Stanley Blumenfeld, Jr.: On 4/6/2022, the Court ordered Plaintiff to show cause why it should not decline supplemental jurisdiction over Plaintiff's Unruh Act claim in light of the exceptional circumstances described in the Ninth Circuit's recent decision in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021) #10 . Plaintiff's response consists largely of generic, irrelevant arguments and does not meaningfully address the Arroyo court's comity concerns #11 . For the reasons in this order, the Court declines to exercise supplemental jurisdiction over Plaintiff's Unruh Act claim and dismisses the claim without prejudice. See document for further details. Court Reporter: N/A. (gk)
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| Filing 11 RESPONSE filed by Plaintiff Kyu Hwa Backto Minutes of In Chambers Order/Directive - no proceeding held,,, #10 re: Supplemental Jurisdiction (Attachments: #1 Declaration, #2 Declaration)(Kim, Jason) |
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Filing 10
MINUTE ORDER TO SHOW CAUSE by Judge Stanley Blumenfeld, Jr.: This case is still at a very early stage, and this Court has not yet addressed or adjudicated the merits of any of Plaintiff's claims. This appears to be a case in which the Court should decline supplemental jurisdiction over Plaintiff's Unruh Act claim under Section 1367(c)(4) to protect the comity interests identified in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021). Accordingly, the Court ORDERS Plaintiff within 14 days after entry of this Order to show cause in writing why the Court should not dismiss without prejudice her Unruh Act claim under Section 1367(c)(4). If Plaintiff fails to file a response within 14 days after entry of this Order, the Court will decline to exercise supplemental jurisdiction over her Unruh Act claim, and the Unruh Act claim will be automatically dismissed without prejudice without further order of the Court. See document for further details. Court Reporter: N/A. (gk)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Fidel Rodriguez. (jtil) |
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Filing 8
CIVIL STANDING ORDER upon the filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Michael R. Wilner. (jtil) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Kyu Hwa Back. (Kim, Jason) |
| Filing 3 CERTIFICATE of Interested Parties (Kim, Jason) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Kyu Hwa Back. (Kim, Jason) |
| Filing 1 COMPLAINT Receipt No: ACACDC-33070161 - Fee: $402. (Attorney Jason J Kim added to party Kyu Hwa Back(pty:pla))(Kim, Jason) |
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