Gilbert v. Rashid ( 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-00674-ADA-HBK 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DECLINE 13 v. SUPPLEMENTAL JURISDICTION OVER PLAINTIFF’S UNRUH ACT AND HEALTH 14 HAROON AL RASHID, individually and AND SAFETY CODE CLAIMS dba RAHMAN GAS AND MARKET aka 15 TRIPLE R GASOLINE, (ECF No. 12) 16 Defendant. 17 18 Plaintiff Darren Gilbert (“Plaintiff”) filed this action against Defendant alleging violations 19 of Title III of the American with Disabilities Act, the California Unruh Act, and California Health 20 & Safety Codes §§ 19955, 19959. (ECF No. 1.) The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On March 13, 2023, the Court issued an order requesting Plaintiff to show cause why the 23 Court should exercise supplemental jurisdiction over Plaintiff’s state law claims. (ECF No. 11.) 24 After Plaintiff failed to comply with the Court’s order to show cause, the assigned Magistrate Judge 25 issued findings and recommendations, recommending that the Court decline to exercise 26 supplemental jurisdiction over Plaintiff’s state law claims and dismiss the claims, without 27 prejudice. (ECF No. 12.) 28 /// 1 The findings and recommendations were served on Plaintiff! on August 15, 2023. Plaintiff 2 || was informed any objection must be filed within 14 days of the date of service. Ud. at 7-8). In 3 | addition, Plaintiff was informed that the “failure to file objections within the specified time may 4 | result in the waiver of rights on appeal.” (Jd. (citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 5 | (9th Cir. 2014)).) No objections were filed and the time to do so has expired. 6 According to 28 U.S.C. § 636(b)(1)(c), this Court conducted a de novo review of the case. 7 | Having carefully reviewed the entire file, the Court concludes the findings and recommendations 8 || are supported by the record and proper analysis. 9 Accordingly, 10 1. The Findings and Recommendations issued on August 15, 2023, (ECF No. 12), are 11 ADOPTED in FULL; 12 2. The Court declines to exercise supplemental jurisdiction over Plaintiff's claims arising 13 under California’s Unruh Act and Health & Safety Code; 14 3. Plaintiff's claims for violations of the California Unruh Act and California Health & 15 Safety Codes §$ 19955, 19959 are DISMISSED without prejudice; and 16 4. This matter is referred to the assigned Magistrate Judge for further proceedings. 17 18 19 | IT IS SO ORDERED. 20 Dated: _ September 6, 2023 UNITED f£TATES DISTRICT JUDGE 22 23 24 25 26 27 ' The Defendant has not appeared in this action and default was entered by the Clerk of Court on August 31, 2022. 28 | (ECFNo.7,)