SunPower Corporation v. SunEdison, Inc. et al

Filing 42

ORDER DISMISSING COMPLAINT. Signed by Judge William H. Orrick on 10/13/2015. (jmdS, COURT STAFF) (Filed on 10/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUNPOWER CORPORATION,

Case No. 15-cv-02462-WHO

Plaintiff,
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v.

ORDER DISMISSING COMPLAINT

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Re: Dkt. No. 41

SUNEDISON, INC., et al.,
Defendants.

United States District Court
Northern District of California

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In my September 11, 2015 Order, I dismissed plaintiff Sunpower Corporation’s only

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federal claim with leave to amend. Dkt. No. 40. I specified that I would not exercise

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supplemental jurisdiction over Sunpower’s pendant state law claims if it failed to state a federal

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cause of action. I also mistakenly stated that I would remand the case to state court in that

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circumstance, which of course I cannot do because this case was not originally filed in state court.

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28 U.S.C. 1447(c).

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Sunpower has now filed a notice stating that it will not be amending its complaint and that

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it will be proceeding in state court. Dkt. No. 41. In accordance with my prior order, Sunpower’s

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state law claims are DISMISSED without prejudice. The federal claim is dismissed with

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prejudice. Judgment shall be entered accordingly.

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IT IS SO ORDERED.
Dated: October 13, 2015
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WILLIAM H. ORRICK
United States District Judge