Northern California Watch v. Union Pacific Railroad Company et al

Filing 103

ORDER DISMISSING CROSS-CLAIM AND CROSS ACTION WITHOUT PREJUDICE. Signed by Judge Maxine M. Chesney on December 22, 2009. (mmclc1, COURT STAFF) (Filed on 12/22/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Neither WCM nor UPRR allege the Court has original jurisdiction over their respective claims.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NORTHERN CALIFORNIA RIVER WATCH, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, et al., Defendants /

No. C-08-1256 MMC ORDER DISMISSING CROSS-CLAIM AND CROSS ACTION WITHOUT PREJUDICE

United States District Court

By order filed concurrently herewith, the Court has dismissed with prejudice plaintiff's complaint. The remaining claims in the above-titled action, West Coast Metals, Inc.'s ("WCM") Cross-Claim for Indemnification and Contribution, and Union Pacific Railroad Company's ("UPRR") Cross Action for Breach of Covenant Not to Sue and Suit for Declaratory Judgment, arise under state law. The Court's jurisdiction over the state law claims is supplemental in nature. See 28 U.S.C. § 1367(a).1 A district court may decline to exercise supplemental jurisdiction where "the district court has dismissed all claims over which it has original jurisdiction." See 28 U.S.C.

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§ 1367(c)(3). Here, having considered the matter, the Court, in its discretion, will decline to exercise supplemental jurisdiction over the remaining claims. Accordingly, WCM's cross-claim and UPRR's cross action are hereby DISMISSED without prejudice to refiling in state court. IT IS SO ORDERED.

Dated: December 22, 2009

MAXINE M. CHESNEY United States District Judge

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