Fred J. Repucci v. U.S. Bank, National Association et al

Filing 12

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Sunshine Suzanne Sykes. SEE DOCUMENT FOR FURTHER INFORMATION. Show Cause Hearing set for 5/24/2024 at 01:00 PM before Judge Sunshine Suzanne Sykes. Response to Order to Show Cause due by 5/17/2024. (twdb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—
GENERAL
Case No.

5:24-cv-00880-SSS-MRWx

Date May 8, 2024

Title Fred J. Repucci v. U.S. Bank, National Association, et al.
Present: The Honorable

SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE
The Complaint filed in this action asserts a claim for injunctive relief based
on an alleged violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C.
§ 12101, a claim for damages pursuant to California’s Unruh Civil Rights Act
(“Unruh Act”), Cal. Civ. Code § 51 et seq, and a related state claim. The Court
possesses only supplemental jurisdiction over the Unruh Act claim and related
state claim. See 28 U.S.C. § 1367(a).
The supplemental jurisdiction statute “reflects the understanding that, when
deciding whether to exercise supplemental jurisdiction, ‘a federal court should
consider and weigh in each case, and at every stage of the litigation, the values of
judicial economy, convenience, fairness, and comity.’” City of Chicago v. Int’l
Coll. of Surgeons, 522 U.S. 156, 173 (1997) (emphasis added) (quoting
Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)). The Court therefore
orders Plaintiff to show cause in writing why the Court should exercise
supplemental jurisdiction over the Unruh Act claim and related state claim. See 28
U.S.C. § 1367(c).
Plaintiff shall identify the amount of statutory damages sought. Plaintiff and
Plaintiff’s counsel shall also support their responses to this Order with
declarations, signed under penalty of perjury, providing all facts necessary for the
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Court to determine if they satisfy the definition of a “high-frequency litigant” as
provided by California Civil Procedure Code sections 425.55(b)(1) & (2).
Plaintiff shall file a Response to this Order to Show Cause by no later
than May 17, 2024. The Court sets a hearing date regarding this Order to Show
Cause on May 24, 2024, at 1:00 PM via Zoom.1
Plaintiff’s failure to timely or adequately respond to this Order may, without
further warning, result in the dismissal of the entire action without prejudice or the
Court declining to exercise supplemental jurisdiction over the Unruh Act claim and
related state claim and dismissing the claim pursuant to 28 U.S.C. § 1367(c).
IT IS SO ORDERED.

1

The Court refers the parties to Judge Sykes’ website for details regarding
hearings via zoom: https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes.
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