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Whitaker v. DS Bros.

United States District Court, Northern District of California
Aug 29, 2022
21-cv-07087-RS (N.D. Cal. Aug. 29, 2022)

Opinion

21-cv-07087-RS

08-29-2022

BRIAN WHITAKER, Plaintiff, v. DS BROS. LLC, Defendant.


ORDER TO SHOW CAUSE

RICHARD SEEBORG CHIEF UNITED STATES DISTRICT JUDGE

Plaintiff has filed a motion for default judgment against Defendant concerning the accessibility of tables at Babylon, a business which appears to have shuttered. To effectuate the Court's “obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party,” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006), Plaintiff is ordered to show cause as to why this case should not be dismissed for lack of Article III standing. As the ADA allows private plaintiffs to sue only for injunctive relief, Oliver v. Ralphs Grocery Co., 654 F.3d 903, 905 (9th Cir. 2011), Plaintiff's response must outline the requisite threat of future injury or any remaining bases for injunctive relief on or before September 9, 2022. Failure to do so will result in a dismissal of this action with prejudice.

IT IS SO ORDERED.


Summaries of

Whitaker v. DS Bros.

United States District Court, Northern District of California
Aug 29, 2022
21-cv-07087-RS (N.D. Cal. Aug. 29, 2022)
Case details for

Whitaker v. DS Bros.

Case Details

Full title:BRIAN WHITAKER, Plaintiff, v. DS BROS. LLC, Defendant.

Court:United States District Court, Northern District of California

Date published: Aug 29, 2022

Citations

21-cv-07087-RS (N.D. Cal. Aug. 29, 2022)