Escobedo v. El Rinconcito Mexican Grill, LLC et al

Filing 9

ORDER ADOPTING Findings and Recommendations and declining Supplemental Jurisdiction over Plaintiff's State Law Claims 6 signed by District Judge Jennifer L. Thurston on 1/5/2025. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ESCOBEDO,

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Case No. 1:24-cv-1457 JLT SKO

Plaintiff,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DECLINING
SUPPLEMENTAL JURISDICTION OVER
PLAINTIFF’S STATE LAW CLAIMS

v.

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EL RICONCITO MEXICAN GRILL, LLC,
and FLIPSIDE CHRISTIAN CHURCH,

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(Doc. 6)

Defendants.

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Jose Escobedo seeks to hold the defendants liable for violations of Title III of the

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Americans with Disabilities Act; California’s Unruh Act; and Health and Safety Code §§ 19955,

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19959. (Doc. 1 at 5-9.) Following an order to show cause regarding jurisdiction (Doc. 4), the

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assigned magistrate judge issued Findings and Recommendations, recommending the Court

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decline to exercise supplemental jurisdiction over Plaintiff’s state law claims and dismiss the

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claims without prejudice pursuant to 28 U.S.C. § 1367(c)(4). (Doc. 6.)

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The Court served the Findings and Recommendations on Plaintiff,1 and informed him that

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any objections must be filed within 14 days of the date of service. (Doc. 6 at 7.) In addition, the

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Court informed Plaintiff that “failure to file objections within the specified time may result in the

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waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir.

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2014).) Plaintiff did not file objections, and the time to do so has expired.

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Defendants have not yet appeared in this action.

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According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of the case.

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Having carefully reviewed the matter, the Court concludes the Findings and Recommendations

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are supported by the record and proper analysis. Thus, the Court ORDERS:

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ADOPTED in full.
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The Court DECLINES to exercise supplemental jurisdiction over Plaintiff’s
claims arising under California’s Unruh Act and Health & Safety Code.

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The Findings and Recommendations issued on December 19, 2024 (Doc. 6) are

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Plaintiff’s claims for violations of the Unruh Act and Cal. Health & Safety Code
§ 19955 and § 19959 are DISMISSED without prejudice.

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IT IS SO ORDERED.
Dated:

January 5, 2025

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