Thomas Hardy et al v. Mandalay Mortgage, LLC et al

Filing 20

ORDER TO SHOW CAUSE by Judge Otis D Wright, II Response to Order to Show Cause due by 10/4/2010. (rne)

Thomas Hardy et al v. Mandalay Mortgage, LLC et al

Doc. 20

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 10-1716 ODW (DTBx) Thomas Hardy v. Mandalay Mortgage, LLC, et al. Date 9/15/2010

Present:

The Honorable Otis D. Wright II, United States District Judge Raymond Neal Deputy Clerk Not Present Court Reporter n/a Tape No.

Attorneys Present for Plaintiff(s): Not Present Proceedings (In Chambers):

Attorneys Present for Defendant(s): Not Present

Order to Show Cause Re: Diversity Jurisdiction

Currently before the Court is Defendant HSBC Mortgage Services, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint [16]. Upon reviewing the motion and complaints, it became apparent that, although Plaintiff initially alleged federal claims (TILA), the amended complaint includes none. And, while the Court may technically adjudicate the remaining state-law claims, the Court is disinclined to do so in this instance, absent diversity jurisdiction. See, e.g., Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988) ("[W]hen the federal-law claims have dropped out of the lawsuit in its early stages and only state-law claims remain, the federal court should decline the exercise of [supplemental] jurisdiction.") (citing United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726-27 (1966)). Accordingly, given the absence of a live federal question, the parties are hereby ordered to brief the issue of whether complete diversity exists between the parties. The briefs shall be limited to five (5) pages and are due no later than October 4, 2010. SO ORDERED
---Initials of Preparer RGN : 00

.
CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

Dockets.Justia.com