Louise Gentry v. The Bank of New York Mellon et al

Filing 37

JUDGMENT FOR DEFENDANTS by Judge Margaret M. Morrow. Plaintiffs TILA and FDCPA claims be dismissed with prejudice. Plaintiff's state law claims be dismissed without prejudice. The action is dismissed.(MD JS-6, Case Terminated). (ah)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 CENTRAL DISTRICT OF CALIFORNIA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 LOUISE GENTRY, Plaintiff, vs. THE BANK OF NEW YORK MELLON (f/k/a THE BANK OF NEW YORK) as trustee for CWALT, INC.,ALTERNATIVE LOAN TRUST 2005-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-18CB, CWALT, INC., ALTERNATIVE LOAN TRUST 200518CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-18CB; THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-18CB, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005-18CB; RECONTRUST COMPANY, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC.; ROES 1-10; and DOES 1-10, Defendants. ) CASE NO. CV 14-09468 MMM (CWx) ) ) ) ) ) JUDGMENT FOR DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 22 23 On March 23, 2015, plaintiff Louise Gentry filed a first amended complaint, omitting her 24 federal claims for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1641, et seq., and Fair 25 Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq. On June 11, 2015, the court 26 entered an order dismissing plaintiff’s state law claims for lack of subject matter jurisdiction, 27 observing that it no longer had federal question jurisdiction; that the parties’ citizenship was not 28 diverse; and that the court could not exercise supplemental jurisdiction in light of plaintiff’s 1 abandonment of her federal claims . Accordingly, 2 3 IT IS ORDERED AND ADJUDGED 4 1. That plaintiff’s TILA and FDCPA claims be dismissed with prejudice; 5 2. That plaintiff’s state law claims be dismissed without prejudice; and 6 3. That the action be, and it is hereby, dismissed. 7 8 DATED: June 11, 2015 MARGARET M. MORROW UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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