Gilbert v. Ramos Diaz Enterprises, 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-01397-ADA-SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DECLINING 13 v. SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS 14 RAMOS DIAZ ENTERPRISES, INC., dba Guayabitos Restaurant, et al., (ECF No. 14) 15 Defendants. 16 17 Plaintiff Darren Gilbert (“Plaintiff”) initiated this action on October 28, 2022, asserting a 18 claim for injunctive relief arising out of an alleged violation of the federal Americans with 19 Disabilities Act (“ADA”) and a claim for damages pursuant to California’s Unruh Act. (ECF No. 20 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 21 636(b)(1)(B) and Local Rule 302. 22 Following an order to show cause, (ECF No. 12), on June 20, 2023, the assigned Magistrate 23 Judge issued findings and recommendations, recommending that the Court decline to exercise 24 supplemental jurisdiction over Plaintiff’s state law claims and that those claims be dismissed, 25 without prejudice, pursuant to 28 U.S.C. § 1367(c)(4). (ECF No. 14.) The findings and 26 recommendations were served on Plaintiff and contained notice that any objections thereto were to 27 be filed within fourteen days after service. (Id. at 7.) No objections have been filed, and the time 28 /// 1 | in which to do so has passed. 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c), this Court has conducted a 3 | de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 4 | findings and recommendations are supported by the record and proper analysis. 5 Accordingly, 6 1. The findings and recommendations issued on June 20, 2023, (ECF No. 14), are 7 ADOPTED in FULL; 8 2. Pursuant to 28 U.S.C. § 1367(c)(4) and Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022), 9 the Court DECLINES to exercise supplemental jurisdiction over Plaintiff's Unruh 10 Act claim and Plaintiff's Cal. Health & Safety Code §§ 19955 and 19959 claims; 11 3, Plaintiff's Unruh Act and Cal. Health & Safety Code §§ 19955 and 19959 claims 12 are DISMISSED, without prejudice, pursuant to 28 U.S.C. § 1367(c)(4); and 13 4. This matter is referred back to the assigned Magistrate Judge for further 14 proceedings. 15 16 17 | TIS SO ORDERED. 18 Dated: _ July 20, 2023 19 UNITED fTATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28