Finuliar v. BAC Home Loans Servicing, LP et al

Filing 30

ORDER TO SHOW CAUSE Show Cause Response due by 1/19/2012. Signed by Judge Spero on 1/12/12. (jcslc3, COURT STAFF) (Filed on 1/12/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

REGINA A. FINULIAR,

Case No. C-11-02629 JCS

6
Plaintiff,

ORDER TO SHOW CAUSE

7
v.
8
BAC HOME LOANS SERVICING, L.P., ET
AL.,

10

Defendants.
___________________________________/

11
For the Northern District of California

United States District Court

9

12
13

As the successor in interest to Defendant BAC Home Loans Servicing, LP, Bank of America,

14

N.A. filed a Motion to Dismiss Plaintiff’s First Amended Complaint (“Motion”), which is set for

15

hearing on February 17, 2012. The Court previously dismissed all of Plaintiff’s state and federal

16

claims in her original complaint, granting leave to amend within thirty days. Plaintiff’s First

17

Amended Complaint (“FAC”) does not allege any federal claim and is based solely on California

18

state law. Under 28 U.S.C. § 1367(c)(3), the Court may decline to exercise supplemental

19

jurisdiction where it “has dismissed all claims over which it has original jurisdiction.” Therefore, in

20

the absence of any federal claim in the FAC, the Court orders the parties to submit briefs by

21

Thursday, January 19, 2012 as to why the Court should not remand this case to San Francisco

22

Superior Court pursuant to Section 1367(c)(3).

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: January 12, 2012
_______________________________
JOSEPH C. SPERO
United States Magistrate Judge