Michael Chi Phu v. Nationstar Mortgage LLC et al

Filing 34

MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER REMANDING CASE; RE 33 . Remanding case to Superior Court of California, County of Orange, Case number 30-2015-00764823. Case Terminated. Made JS-6 (twdb)

JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL

Case No. SA CV 15-0285-DOC (DFMx)

Date: April 9, 2015

Title: MICHAEL CHI PHU V. NATIONSTAR MORTGAGE LLC, ET AL.

PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Deborah Goltz
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR
PLAINTIFF:
None Present

ATTORNEYS PRESENT FOR
DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS): ORDER REMANDING CASE
On April 1, 2015, the Court wrote:
Because the only federal claim in this action has been voluntarily
dismissed, the Court must decide whether to exercise supplemental
jurisdiction over the remaining state law claims. This decision
should be “informed by the…values ‘of economy, convenience,
fairness, and comity.’” Acri v. Varian Associates, Inc., 114 F.3d 999,
1001 (9th Cir. 1997) (citations omitted). “[I]n the usual case in
which all federal-law claims are eliminated before trial, the balance
of factors…will point toward declining to exercise jurisdiction over
the remaining state-law claims.” Carnegie-Mellon University v.
Cohill, 484 U.S. 343, 350 n. 7 (1988). The Court has not yet ruled on
the merits of this case, and the case is still in its very early stages.
Therefore, absent a showing that this Court should in fact exercise
supplemental jurisdiction, the Court is inclined to DECLINE to
exercise supplemental jurisdiction over the state law claims alleged
in the SAC. 28 U.S.C. § 1367(c)(3).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 15-0285-DOC (DFMx)

Date: April 9, 2015
Page 2

Accordingly, the Court ORDERS Defendants to SHOW CAUSE in
writing on or before April 6, 2015 why this action should not be
remanded to state court. A failure to respond will be deemed
agreement to remand this case, and the case will be remanded to
Orange County Superior Court.
Order, Apr. 1, 2015 (Dkt. 33).
Defendants did not respond to the Order to Show Cause. As such, consistent with
that Order, the Court declines to exercise supplemental jurisdiction over the remaining
state law claims. This matter is hereby REMANDED to Orange County Superior Court.
The Clerk shall serve this minute order on the parties.
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk: djg