Dector et al v. City of Rohnert Park et al

Filing 30

ORDER TO SHOW CAUSE. Show Cause Response due by 9/26/2013. Signed by Judge Richard Seeborg on 8/12/13. (cl, COURT STAFF) (Filed on 8/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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PEDRO DECTOR and FLORIBERTO
PEREZ OJEDA and all others similarly
situated,

ORDER TO SHOW CAUSE
Plaintiffs,

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No. 13-00104 RS

v.
CITY OF ROHNERT PARK, ROHNERT
PARK DEPARTMENT OF PUBLIC
SAFETY and DOES 1-5, inclusive,

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Defendants.
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Plaintiffs filed this class action on January 8, 2013. Plaintiffs’ Second Amended
Complaint, alleging a federal procedural due process claim in addition to various state law
claims, was dismissed with leave to amend on July 22, 2013. See Dkt. No. 28. On August 9,
2013, plaintiffs notified the Court that they have elected not to amend their complaint further to
state a viable federal claim. Federal courts generally decline to exercise supplemental
jurisdiction over state law claims when no federal claim is asserted. See Carnegie-Mellon Univ.
v. Cohill, 484 U.S. 343, 351 (1988) (“[I]n the usual case in which all federal-law claims are
eliminated before trial, the balance of factors to be considered under the pendent jurisdiction
NO. CV 13-00104 RS
ORDER TO SHOW CAUSE

doctrine-judicial economy, convenience, fairness, and comity-will point toward declining to

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exercise jurisdiction over the remaining state-law claims.”). Plaintiffs are thus directed to show

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cause as to why this Court should exercise supplemental jurisdiction over their state law claims

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no later than September 26, 2013. Failure to so demonstrate shall result in the dismissal of this

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matter without further notice.

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IT IS SO ORDERED.

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Dated: 8/12/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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NO. CV 13-00104 RS
ORDER TO SHOW CAUSE

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