Harris v. Best Buy Stores, L.P.

Filing 131

ORDER OF DISMISSAL. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 12/28/2016. (ndrS, COURT STAFF) (Filed on 12/28/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STARVONA HARRIS, Case No. 15-cv-00657-HSG Plaintiff, 8 ORDER OF DISMISSAL v. 9 10 BEST BUY STORES, L.P., Defendant. United States District Court Northern District of California 11 12 A district court may decline to exercise supplemental jurisdiction if it has dismissed all 13 claims over which it has original jurisdiction. 28 U.S.C. § 1367(c)(3); Sanford v. MemberWorks, 14 Inc., 625 F.3d 550, 561 (9th Cir. 2010). “[I]n the usual case in which all federal-law claims are 15 eliminated before trial, the balance of factors to be considered under the pendent jurisdiction 16 doctrine—judicial economy, convenience, fairness, and comity—will point toward declining to 17 exercise jurisdiction over the remaining state-law claims. ” Id. at 561 (citation and internal 18 quotation marks omitted). 19 Here, upon reconsideration, the Court granted summary judgment as to Plaintiff’s overtime 20 claims under federal and state law (Plaintiff’s First and Second Causes of Action). See Dkt. No. 21 124 (Harris v. Best Buy Stores, L.P., No. 15-cv-00657-HSG, 2016 WL 6248893, at *2 (N.D. Cal. 22 Oct. 26, 2016)). The Court’s October 26, 2016 order otherwise left in place the Court’s August 1, 23 2016 order, which denied summary judgment as to Plaintiff’s other state law claims (Plaintiff’s 24 Third, Fourth, Fifth, Sixth, Seventh and Eighth Causes of Action). See id. at *3; Dkt. No. 102 25 (Harris v. Best Buy Stores, L.P., No. 15-CV-00657-HSG, 2016 WL 4073327, at *7-12 (N.D. Cal. 26 Aug. 1, 2016)). 27 28 Having granted summary judgment in Defendant’s favor on Plaintiffs’ only federal claim, the Court, in its discretion, declines to assert supplemental jurisdiction over the remaining state 1 law claims. Accordingly, all of Plaintiffs’ remaining claims are DISMISSED WITHOUT 2 PREJUDICE. The Clerk is directed to enter judgment in favor of Defendant as to Plaintiff’s First 3 and Second Causes of Action, and to close the file. Both parties shall bear their own costs of suit. 4 5 6 7 IT IS SO ORDERED. Dated: 12/28/2016 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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