Opinion

Dennis Cooper v. Diana Brown

Court
District Court, C.D. California
Filed
Jun 28, 2024
Cited by
0 cases
Authority
More cited than 31.2%

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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GENERAL

Case No. 5:24-cv-01307-SSS-RAOx Date June 28, 2024

Title Dennis Cooper v. Diana Brown, et al.

Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez Not Reported

Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):

None Present None Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

The Complaint filed in this action asserts a claim for injunctive relief based

on an alleged violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C.

§ 12101, a claim for damages pursuant to California’s Unruh Civil Rights Act

(“Unruh Act”), Cal. Civ. Code § 51 et seq, and related state claims. The Court

possesses only supplemental jurisdiction over the Unruh Act claim and related

state claims. See 28 U.S.C. § 1367(a).

The supplemental jurisdiction statute “reflects the understanding that, when

deciding whether to exercise supplemental jurisdiction, ‘a federal court should

consider and weigh in each case, and at every stage of the litigation, the values of

judicial economy, convenience, fairness, and comity.’” City of Chicago v. Int’l

Coll. of Surgeons, 522 U.S. 156, 173 (1997) (emphasis added) (quoting

Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)). The Court therefore

orders Plaintiff to show cause in writing why the Court should exercise

supplemental jurisdiction over the Unruh Act claim and related state claims. See

28 U.S.C. § 1367(c).

Plaintiff shall identify the amount of statutory damages sought. Plaintiff and

plaintiff’s counsel shall also support their responses to this Order with declarations,

signed under penalty of perjury, providing all facts necessary for the Court to

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determine if they satisfy the definition of a “high-frequency litigant” as provided

by California Civil Procedure Code sections 425.55(b)(1) & (2).

Plaintiff shall file a Response to this Order to Show Cause by no later

than July 5, 2024. The Court sets a hearing date regarding this Order to Show

Cause on July 12, 2024, at 1:00 PM via zoom.1

Plaintiff’s failure to timely or adequately respond to this Order may, without

further warning, result in the dismissal of the entire action without prejudice or the

Court declining to exercise supplemental jurisdiction over the Unruh Act claim and

related state claims and dismissing the claim pursuant to 28 U.S.C. § 1367(c).

IT IS SO ORDERED.

1 The Court refers the parties to Judge Sykes’ website for details regarding

hearings via zoom: https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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