Johnson v. Otter et al

Filing 36

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT-MATTER JURISDICTION OVER FEDERAL LAW CLAIMS. Deadline to respond is February 18, 2019. Signed by Judge Beth Labson Freeman on 2/5/2019. (blflc2S, COURT STAFF) (Filed on 2/5/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-01689-BLF

v.
BRYANT OTTER, et al.,
Defendants.

ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE DISMISSED
WITHOUT PREJUDICE FOR LACK
OF SUBJECT-MATTER
JURISDICTION OVER FEDERAL
LAW CLAIMS

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Concurrently with this Order, the Court issues an order (“concurrent order”) dismissing

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Plaintiff Scott Johnson’s Americans with Disabilities Act (“ADA”) claim against Defendant

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Thomas Roper for lack of subject-matter jurisdiction because the claim is moot. ECF 35. But the

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Court exercised supplemental jurisdiction over Plaintiff’s state law claim against Roper. On May

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2, 2018, the Clerk of the Court entered default against the only other defendant, Bryant Otter.

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ECF 10. Plaintiff is hereby ORDERED TO SHOW CAUSE why his ADA claim against Otter

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should not be dismissed as moot, and in turn why the Court should not decline to exercise

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supplemental jurisdiction over the remaining state law claims, in light of the concurrent order and

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the case law cited therein. Plaintiff’s response is due on or before February 18, 2019.

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IT IS SO ORDERED.

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Dated: February 5, 2019
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BETH LABSON FREEMAN
United States District Judge