Opinion
8:24-cv-00833-FWS-JDE
04-17-2024
Theresa Brooke v. Payal LLC
Present: HONORABLE FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SUPPLEMENTAL JURISDICTION
The court is in receipt of the Complaint filed in this action, which asserts claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq. and California's Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53. (Dkt. 1.) The court observes that it possesses only supplemental jurisdiction over Plaintiff's state law claim, namely, the third cause of action. 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)). Given relevant authority on the court's exercise of supplemental jurisdiction, including but not limited to Ninth Circuit's decisions in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021) and Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022), the court ORDERS Plaintiff to show cause in writing why this court should exercise supplemental jurisdiction over the state law claim (the third cause of action) asserted in the Complaint on or before May 3, 2024, at 5:00 p.m.
Failure to adequately comply with the court's order may result in dismissal of this action with prejudice and without further notice. See Fed.R.Civ.P. 41(b); Link v. Wabash R.R., 370 U.S. 626, 629 (1962) (“The authority of a federal trial court to dismiss a plaintiffs action with prejudice because of his failure to prosecute cannot seriously be doubted.”); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 693, 689 (9th Cir. 2005) (“[C]ourts may dismiss under Rule 41(b) sua sponte, at least under certain circumstances.”); Ash v. Cvetkov, 739 F.2d 493, 496 (9th Cir. 1984) (“It is within the inherent power of the court to sua sponte dismiss a case for lack of prosecution.”).
IT IS SO ORDERED.