Escobedo v. Thuong ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ESCOBEDO, Case No. 1:24-cv-1081 JLT SKO 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DECLINING 13 v. SUPPLEMENTAL JURISDICTION OVER PLAINTIFF’S STATE LAW CLAIMS 14 QUE T. THUONG doing business as PHO PARADISE RESTAURANT, et al., (Doc. 9) 15 Defendants. 16 17 Jose Escobedo 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 at 5-10.) Following an order to show cause regarding 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. 9.) 23 The Court served the Findings and Recommendations on Plaintiff,1 and informed him that 24 any objections must be filed within 14 days of the date of service. (Doc. 9 at 7.) In addition, the 25 Court informed Plaintiff that “failure to file objections within the specified time may result in the 26 waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 27 2014).) Plaintiff did not file objections, and the time to do so has expired. 28 1 Defendants have not yet appeared in this action. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of the case. 2 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 3 | are supported by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations issued on October 1, 2024 (Doc. 9) 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: _ October 16, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28