Hoffman v. IndyMac Bank FSB et al

Filing 39

ORDER DISMISSING REMAINING CLAIMS WITHOUT PREJUDICE; DENYING AS MOOT DEFERRED PORTION OF DEFENDANTS' MOTION TO DISMISS; DENYING AS MOOT PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO SERVE FIRST AMERICAN TITLE INSURANCE COMPANY. Signed by Judge Maxine M. Chesney on October 18, 2010. (mmclc1, COURT STAFF) (Filed on 10/18/2010)

Hoffman v. IndyMac Bank FSB et al

Doc. 39

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 By order filed August 31, 2010, the Court granted in part and deferred ruling in part on defendants' motion to dismiss plaintiff's First Amended Complaint ("FAC"). Specifically, the Court dismissed the federal claims in the FAC, afforded plaintiff leave to file a Second Amended Complaint ("SAC") no later than September 20, 2010, and deferred ruling on defendants' motion to the extent it sought dismissal of plaintiff's state law claims. Thereafter, by order filed September 27, 2010, the Court extended the deadline for plaintiff to file a SAC to October 3, 2010. Plaintiff has not filed a SAC. Accordingly, the instant action proceeds on the remaining claims in the FAC, each of which arises under state law. The Court's jurisdiction over the state law claims alleged in the FAC is supplemental in nature. See 28 U.S.C. § 1367(a). Where, as here, all federal claims have been v. INDYMAC BANK FSB, et al., Defendants / DELAINE M. HOFFMAN, Plaintiff, No. C-10-0802 MMC ORDER DISMISSING REMAINING CLAIMS WITHOUT PREJUDICE; DENYING AS MOOT DEFERRED PORTION OF DEFENDANTS' MOTION TO DISMISS; DENYING AS MOOT PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO SERVE FIRST AMERICAN TITLE INSURANCE COMPANY United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

dismissed, the district court may decline to exercise supplemental jurisdiction over any remaining state law claims. See 28 U.S.C. § 1367(c)(3). Here, having considered the matter, the Court finds it appropriate to decline to exercise supplemental jurisdiction over the remaining state law claims. Accordingly, the remaining claims in the FAC, specifically, plaintiff's state law claims, are hereby DISMISSED without prejudice to plaintiff's refiling such claims in state court. In light of the dismissal of plaintiff's state law claims, the deferred portion of defendants' motion to dismiss is hereby DENIED as moot, and plaintiff's motion, filed October 5, 2010, for an enlargement of time to serve defendant First American Title Insurance Company is hereby DENIED as moot. In light of the above, the November 19, 2010 Case Management Conference is hereby VACATED. The Clerk is directed to close the file. IT IS SO ORDERED.

Dated: October 18, 2010

MAXINE M. CHESNEY United States District Judge

2