Johnson v. Kelsey

Background

Scott Johnson sued Frances I. Kelsey and other defendants. The order concerns Johnson’s claim under California’s Unruh Civil Rights Act. The opinion does not describe the underlying facts of that claim or identify the defendants’ substantive positions.

Issue

The court ordered Johnson to show cause—meaning to explain—why the court should not decline to exercise supplemental jurisdiction over the Unruh Act claim. Supplemental jurisdiction is a federal court’s authority to hear a related state-law claim along with claims arising under federal law.

Court’s reasoning

The court cited Arroyo v. Rosas, a Ninth Circuit decision. According to the order, that decision held that a district court had erred by declining supplemental jurisdiction after determining that the plaintiff was entitled to judgment on a parallel claim under the Americans with Disabilities Act. The Ninth Circuit nevertheless stated that it would have had little difficulty concluding that exceptional circumstances supported declining supplemental jurisdiction if the issue had been raised earlier in the case.

Order and next steps

The court directed Johnson to respond to the order to show cause by March 29, 2022. The defendants could file a reply by April 5, 2022. Unless the court ordered otherwise, the matter would be submitted after the defendants filed their reply, and no further filings on the issue would be permitted. The order did not state whether the court ultimately would retain or decline jurisdiction over the Unruh Act claim. Judge Haywood S. Gilliam, Jr. issued the order.