Whitaker v. TJ Technology LLC ( 2022 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 BRIAN WHITAKER, Case No. 21-cv-09655-WHO 7 Plaintiff, ORDER DISMISSING CASE v. 8 Re: Dkt. No. 38 9 TJ TECHNOLOGY LLC, Defendant. 10 11 12 Plaintiff Brian Whitaker filed this suit in December 2021, alleging that defendant TJ 13 Technology LLC (“TJ Technology”) violated the Americans with Disabilities Act (“ADA”) and 14 California’s Unruh Civil Rights Act by not providing a wheelchair-accessible sales counter at a 15 cell phone repair shop. See Dkt. No. 1. Whitaker now concedes that his claim for injunctive relief 16 under the ADA, the only remedy available to him for that claim, is moot. See Dkt. No. 38; see 17 also Arroyo v. Rosas, 19 F.4th 1202, 1211 (9th Cir. 2021). Accordingly, the ADA claim is 18 DISMISSED with prejudice. 19 The ADA claim is the only source of subject-matter jurisdiction in this case, as the parties 20 are both citizens of California and the amount in controversy does not exceed $75,000. See 28 21 U.S.C. §§ 1331, 1332. Having dismissed Whitaker’s sole federal law claim, the only remaining 22 claim is under the Unruh Act. Supplemental jurisdiction is discretionary, and courts in this district 23 have declined to exercise it after dismissing the parallel ADA claims. See Acri v. Varian Assocs., 24 Inc., 114 F.3d 999, 1001 (9th Cir. 1997); Johnson v. Techbusiness Res., LLC, No. 20-CV-06048- 25 BLF, 2020 WL 7013596, at *3 (N.D. Cal. Nov. 28, 2020) (citing cases). Because I have 26 dismissed all claims over which I have original jurisdiction, I decline to exercise supplemental 27 jurisdiction over the remaining state law claim. See 28 U.S.C. § 1367(c)(3). The Unruh Act claim 1 For these reasons, the case is DISMISSED. The ADA claim is dismissed with prejudice. 2 || The Unruh Act claim is dismissed without prejudice to refiling in state court. 3 IT IS SO ORDERED. 4 || Dated: July 22, 2022 . 5 ® illiam H. Orrick 6 United States District Judge 4 8 9 10 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28