Rosenfeld v. JP Morgan Chase Bank, N.A. et al

Filing 29

ORDER DISMISSING CASE WITHOUT PREJUDICE, ***Civil Case Terminated.. Signed by Judge Maria-Elena James on 12/3/2010. (mejlc1, COURT STAFF) (Filed on 12/3/2010)

Rosenfeld v. JP Morgan Chase Bank, N.A. et al

Doc. 29

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
PAUL E. ROSENFELD, v. Plaintiff,

No. C 09-6070 MEJ ORDER DISMISSING CASE WITHOUT PREJUDICE

JPMORGAN CHASE BANK, N.A., et al., Defendants. _____________________________________/

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

On September 8, 2010, Plaintiff filed a Second Amended Complaint, with a sole cause of action against CMF for Breach of Fiduciary Duty. (Dkt. #20.) Where all federal claims have been dismissed, the district court may decline to exercise supplemental jurisdiction over the remaining state law claims. 28 U.S.C. § 1367(c)(3). Accordingly, the Court declines to exercise jurisdiction over Plaintiff's state law claim, and his cause of action is dismissed without prejudice to re-filing in state court. Any such filing shall be deemed filed as of the date of his original complaint in this matter. IT IS SO ORDERED.

Dated: December 3, 2010

_______________________________ Maria-Elena James Chief United States Magistrate Judge

Dockets.Justia.com