Acevedo v. Lebec Parts LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CESAR ACEVEDO, Case No. 1:24-cv-01240 JLT CDB 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DECLINING 13 v. SUPPLEMENTAL JURISDICTION OVER PLAINTIFF’S STATE LAW CLAIMS 14 LEBEC PARTS LLC, et al., (Doc. 8) 15 Defendants. 16 17 Cesar Acevedo seeks to hold Lebec Parts LLC and Emilie A. Wainright, as trustee of the 18 Wainwright Trust, liable for violations of the Title III of the American with Disabilities Act. In 19 addition, Plaintiff asserts several claims arising under state law including: California’s Unruh 20 Civil Rights Act, Health and Safety Code, Disabled Persons Act and negligence. (Doc. 1.) 21 Following an order to show cause regarding jurisdiction, the assigned magistrate judge issued 22 Findings and Recommendations, recommending the Court decline to exercise supplemental 23 jurisdiction over Plaintiff’s state law claims and dismiss the claims without prejudice pursuant to 24 28 U.S.C. § 1367(c)(4). (Doc. 9.) 25 The Court served the Findings and Recommendations on Plaintiff1 and informed him that 26 any objections must be filed within 14 days of the date of service. (Doc. 8 at 9.) The Court 27 advised Plaintiff that “failure to file objections within the specified time may result in the waiver 1 of rights on appeal.” (d., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) 2 | Plaintiff did not file objections, and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the matter, the Court concludes the Findings and Recommendations 5 || are supported by the record and by proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations dated October 30, 2024 (Doc. 8) are 7 ADOPTED in full. 8 2. The Court DECLINES to exercise supplemental jurisdiction over Plaintiff's 9 claims arising under state law pursuant to 28 U.S.C. § 1367(c)(4). 10 3. Plaintiff's Unruh Act, Disabled Persons Act, Health & Safety Code, and 11 negligence claims are DISMISSED without prejudice to Plaintiffs filing of these 12 claims in state court. 13 4. The matter is referred to the magistrate judge for further proceedings. 14 15 IT IS SO ORDERED. 16 | Dated: _ November 20, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28