Gilbert v. Bonfare Markets, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, No. 1:22-cv-00605-AWI-BAM 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DECLINING 14 BONFARE MARKETS, INC. dba SUPPLEMENTAL JURISDICTION OF BONFARE MARKET #43, et al., STATE LAW CLAIMS 15 Defendants. (Doc. 29.) 16 17 Plaintiff Darren Gilbert (“Plaintiff”) initiated this action on May 20, 2022. (Doc. 1.) 18 Following an order to show cause, on February 7, 2023, the assigned magistrate judge 19 issued findings and recommendations recommending as follows: (1) The Court decline to 20 exercise supplemental jurisdiction over Plaintiff’s Unruh Act claim and any other state law 21 construction-related accessibility claim; and (2) Plaintiff’s Unruh Act and other state law 22 construction-related accessibility claims be dismissed, without prejudice, pursuant to 28 U.S.C. § 23 1367(c)(4). (Doc. 29.) The findings and recommendations were served on Plaintiff and contained 24 notice that any objections thereto were to be filed within fourteen (14) days after service. (Id. at 25 7.) No objections have been filed, and the time in which to do so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the court finds that the 28 findings and recommendations are supported by the record and proper analysis. See Vo v. Choi, 1 | 49 F4th 1167, 1174 (9th Cir. 2022) (upholding a district court’s invocation of 28 U.S.C. § 2 | 1367(c)(4) to decline to exercise supplemental jurisdiction over accessibility related Unruh Act 3 | claims); Gilbert v. Singh, No. 121CV01338AWIHBK, 2023 WL 2239335, at *2 (E.D. Cal. Feb. 4 | 27, 2023) (noting that a plaintiff's claims under “Cal. Health & Safety Code §§ 19955 and 19959 5 || are ‘construction-related accessibility claims’ that are subject to the same pleading and filing 6 || requirements as Plaintiffs Unruh Act claim”) 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations issued on February 7, 2023 (Doc. 29) are 9 adopted in full; 10 2. Pursuant to 28 U.S.C. § 1367(c)(4) and Vo v. Choi, 49 F.4th 1167 (9t h Cir. 2022), 11 the Court declines to exercise supplemental jurisdiction over Plaintiff's Unruh Act 12 claim and Plaintiff’s Cal. Health & Safety Code § 19955 and § 19959 claims; and 13 3, Plaintiff's Unruh Act and Cal. Health & Safety Code § 19955 and § 19959 claims 14 are dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(4); 15 4. This matter is referred back to the Magistrate Judge for further proceedings. 16 7 IT IS SO ORDERED. 1g | Dated: _March 7, 2023 —. 7 : 7 Cb bod — SENIOR DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28