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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STARVONA HARRIS,

Case No. 15-cv-00657-HSG

Plaintiff,
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ORDER OF DISMISSAL

v.
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BEST BUY STORES, L.P.,
Defendant.

United States District Court
Northern District of California

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A district court may decline to exercise supplemental jurisdiction if it has dismissed all

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claims over which it has original jurisdiction. 28 U.S.C. § 1367(c)(3); Sanford v. MemberWorks,

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Inc., 625 F.3d 550, 561 (9th Cir. 2010). “[I]n the usual case in which all federal-law claims are

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eliminated before trial, the balance of factors to be considered under the pendent jurisdiction

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

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exercise jurisdiction over the remaining state-law claims. ” Id. at 561 (citation and internal

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quotation marks omitted).

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Here, upon reconsideration, the Court granted summary judgment as to Plaintiff’s overtime

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claims under federal and state law (Plaintiff’s First and Second Causes of Action). See Dkt. No.

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124 (Harris v. Best Buy Stores, L.P., No. 15-cv-00657-HSG, 2016 WL 6248893, at *2 (N.D. Cal.

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Oct. 26, 2016)). The Court’s October 26, 2016 order otherwise left in place the Court’s August 1,

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2016 order, which denied summary judgment as to Plaintiff’s other state law claims (Plaintiff’s

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Third, Fourth, Fifth, Sixth, Seventh and Eighth Causes of Action). See id. at *3; Dkt. No. 102

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(Harris v. Best Buy Stores, L.P., No. 15-CV-00657-HSG, 2016 WL 4073327, at *7-12 (N.D. Cal.

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Aug. 1, 2016)).

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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

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law claims. Accordingly, all of Plaintiffs’ remaining claims are DISMISSED WITHOUT

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PREJUDICE. The Clerk is directed to enter judgment in favor of Defendant as to Plaintiff’s First

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and Second Causes of Action, and to close the file. Both parties shall bear their own costs of suit.

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IT IS SO ORDERED.
Dated: 12/28/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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