Gilbert v. Dabb Liquor Incorporated ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, No. 1:22-cv-0485 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DECLINING 13 v. SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS 14 DABB LIQUOR INCORPORATED dba P J Market, et al., (Doc. 17) 15 Defendants. 16 17 Darren Gilbert seeks to hold the defendants liable for violations of Title III of the 18 Americans with Disabilities Act, California’s Unruh Act, and California Health and Safety Code 19 §§ 19955, 19959. (Doc. 1.) Following an order to show cause addressing jurisdiction, the 20 assigned magistrate judge issued Findings and Recommendations, recommending the Court 21 decline to exercise supplemental jurisdiction over Plaintiff’s state law claims and dismiss the 22 claims without prejudice pursuant to 28 U.S.C. § 1367(c)(4). (Doc. 17.) 23 The Findings and Recommendations were served on Plaintiff1 on April 14, 2023. Plaintiff 24 was informed any objections must be filed within 14 days of the date of service. (Doc. 17 at 7.) 25 In addition, Plaintiff was informed “failure to file objections within the specified time may result 26 in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th 27 Cir. 2014).) No objections were filed, and the time to do so has expired. 28 1 Defendants have not appeared in this action and default has been entered by the Clerk of Court. (Docs. 10, 11.) 1 According to 28 U.S.C. § 636(b)(1)(c), this Court conducted a de novo review of the case. 2 | Having carefully reviewed the entire matter, the Court concludes that the Findings and 3 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on April 14, 2023 (Doc. 17) are 5 ADOPTED in full. 6 2. The Court DECLINES to exercise supplemental jurisdiction over Plaintiff's 7 claims arising under California’s Unruh Act and Health & Safety Code. 8 3. Plaintiffs claims for violations of the Unruh Act and Cal. Health & Safety Code 9 § 19955 and § 19959 are DISMISSED without prejudice. 10 4. This matter is referred to the magistrate judge for further proceedings. 11 b IT IS SO ORDERED. 13 | Dated: _May 5, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28