Gilbert v. Phull ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, Case No. 1:22-cv-00167-JLT-HBK 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DECLINE 13 v. SUPPLEMENTAL JURISDICTION OVER PLAINTIFF’S UNRUH ACT AND HEALTH 14 SUKHBIR SINGH PHULL, dba Shop N AND SAFETY CODE CLAIMS Save Market; JAGJEET SINGH, dba Shop 15 N Save Market; JOSEPH SANDOVAL, (Doc. 19) Trustee of the SANDOVAL FAMILY 16 TRUST, under instrument dated January 16, 2018; SALLY SANDOVAL, Trustee 17 of the SANDOVAL FAMILY TRUST, under instrument dated January 16, 2018, 18 Defendants. 19 20 Plaintiff Darren Gilbert seeks to hold Defendants liable for violations of Title III of the 21 American, the California Unruh Act, and California Health and Safety Code §§ 19955, 19959. 22 (Doc. 1.) Following an order to show cause regarding jurisdiction, the assigned magistrate judge 23 issued Findings and Recommendations, recommending the Court decline to exercise 24 supplemental jurisdiction over Plaintiff’s state law claims and dismiss the claims without 25 prejudice pursuant to 28 U.S.C. § 1367(c)(4). (Doc. 19.) 26 The Findings and Recommendations were served on Plaintiff 1 on August 25, 2023. 27 28 1 Defendants have not appeared in this action and default was entered by the Clerk of Court. (Doc. 7.) 1 | Plaintiff was informed any objection must be filed within 14 days of the date of service. Ud. at 7- 2 | 8.) In addition, Plaintiff was informed the “failure to file objections within the specified time may 3 | result in the waiver of rights on appeal.” Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 4 | (9th Cir. 2014).) No objections were filed and the time to do so has expired. 5 According to 28 U.S.C. § 636(b)(1)(c), this Court conducted a de novo review of the case. 6 | Having carefully reviewed the entire matter, the Court concludes the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on August 15, 2023 (Doc. 19) are ADOPTED 9 in full. 10 2. The Court declines to exercise supplemental jurisdiction over Plaintiff's claims arising 11 under California’s Unruh Act and Health & Safety Code. 12 3. Plaintiff's claims for violations of the Unruh Act and Cal. Health & Safety Code § 19955 13 and § 19959 are DISMISSED without prejudice. 14 4. This matter is referred to the magistrate judge for further proceedings. 15 16 IT IS SO ORDERED. 17 | Dated: _September 15, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28