Dodocase VR, Inc. v. Merchsource, LLC et al

Filing 196

Order to Show Cause Re: Subject-Matter Jurisdiction. Response due by 6/15/2020. Signed by Magistrate Judge Alex G. Tse. (agtlc1, COURT STAFF) (Filed on 5/29/2020)

Case 3:17-cv-07088-AGT Document 196 Filed 05/29/20 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DODOCASE VR, INC., et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-07088-AGT
ORDER TO SHOW CAUSE RE:
SUBJECT-MATTER JURISDICTION

MERCHSOURCE, LLC, et al.,
Defendants.
Plaintiffs voluntarily amended their complaint earlier this year. In their operative, third

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amended complaint, they dropped all federal claims. The only remaining claim is a state-law

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claim for breach of a license agreement. Plaintiffs have asked the Court to exercise supplemental

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jurisdiction over this state-law claim, under 28 U.S.C. § 1367. See ECF No. 153, TAC ¶¶ 26–27.

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When a plaintiff voluntarily amends his complaint to withdraw all federal claims, district

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courts cannot exercise supplemental jurisdiction over state-law claims that remain. See Pintando

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v. Miami–Dade Housing Agency, 501 F.3d 1241, 1242–44 (11th Cir. 2007); Wellness Cmty.–Nat’l

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v. Wellness House, 70 F.3d 46, 50 (7th Cir. 1995); see also 13D Charles A. Wright & Arthur R.

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Miller, Federal Practice & Procedure § 3567 & n. 50 (3d ed., updated Apr. 2020).

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As federal subject-matter jurisdiction appears to be lacking, the Court orders the parties to
show cause, by Monday, June 15, as to why this case shouldn’t be dismissed.
IT IS SO ORDERED.
Dated: May 29, 2020

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ALEX G. TSE
United States Magistrate Judge