Harrison v. Whole Foods Market

Case No. 4:20-cv-04867-JSW
REQUEST FOR RULING ON SUPPLEMENTAL JURISDICTION
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BRIAN R. BLACKMAN (SBN 196996)
bblackman@blaxterlaw.com
J.T. WELLS BLAXTER (SBN 190222)
wblaxter@blaxterlaw.com
DAVID P. ADAMS (SBN 312003)
dadams@blaxterlaw.com
TROY M. HEISMAN (SBN 343572)
theisman@blaxterlaw.com
BLAXTER | BLACKMAN LLP
601 Montgomery Street, Suite 1110
San Francisco, California 94111
Telephone: (415) 550-7700
Attorneys for defendant WHOLE
FOODS MARKET CALIFORNIA, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PATRINA HARRISON,
Plaintiff,
v.
WHOLE FOODS MARKET CALIFORNIA,
INC., erroneously sued as WHOLE FOODS
MARKET
Defendant.
Case No. 4:20-cv-04867-JSW
DEFENDANT’S REQUEST FOR
RULING ON SUPPLEMENTAL
JURISDICTION
Complaint Filed: July 17, 2020
Trial Date: July 15, 2026
ORDER REGARDING
Case 4:20-cv-04867-JSW Document 94 Filed 02/19/26 Page 1 of 2

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REQUEST FOR RULING ON SUPPLEMENTAL JURISDICTION
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Pursuant to Paragraph 2 of this Court’s Standing Order, defendant Whole Foods Market
California, Inc. (“WFMCA” or “Defendant”) respectfully requests a ruling on supplemental
jurisdiction.
On September 18, 2020, WFMCA filed a Motion to Dismiss the entirety of Plaintiff’s
Complaint. ECF No. 22. On December 17, 2020, the District Court granted WFMCA’s Motion
to Dismiss, dismissing all of Plaintiff’s causes of action and denying Plaintiff leave to amend.
ECF No. 37. Plaintiff appealed the Court’s ruling to the Ninth Circuit, and on July 22, 2021, the
Court of Appeals affirmed in part, vacated in part, and remanded the District Court’s ruling. ECF
No. 43. As part of the remand, the District Court was left to decide whether to exercise
supplemental jurisdiction on Plaintiff’s Assault and Intentional Infliction of Emotional Distress
state claims. Ibid.
As of the date of this filing, the District Court has yet to affirmatively rule on whether it
will exercise supplemental jurisdiction on these state claims. Trial has been set for July 15, 2026.
Therefore, WFMCA respectfully requests a ruling on supplemental jurisdiction so that the parties
may prepare for trial.
Dated: February 13, 2026
BLAXTER | BLACKMAN LLP
By /s/ Troy M. Heisman
TROY M. HEISMAN
Attorneys for Defendant
WHOLE FOODS MARKET CALIFORNIA, INC.,
erroneously sued as WHOLE FOODS MARKET
The Court will exercise supplemental jurisdiction over Plaintiff's state law claims for assault
and intentional infliction of emotional distress pursuant to 28 U.S.C. section 1367(c)(3) and her
remaining federal claim under 42 U.S.C. section 1981 for intentional discrimination.
IT IS SO ORDERED.
Dated: February 19, 2026 ______________________________________________
Case 4:20-cv-04867-JSW Document 94 Filed 02/19/26 Page 2 of 2