Botti v. Trans Union LLC

Filing 35

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 7/2/12. (lrc, COURT STAFF) (Filed on 7/2/2012)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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JOHN R. BOTTI III,

Case No: C 11-04519 SBA

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Plaintiff,

DISMISSAL ORDER

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vs.
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TRANS UNION LLC,
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Defendant.
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On September 12, 2011, Plaintiff John Botti, III ("Plaintiff"), proceeding pro se,

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brought the instant action against Defendant Trans Union LLC ("Defendant") alleging a

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federal claim under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681, and a state

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law claim under the California Consumer Credit Reporting Agencies Act ("CCRAA"), Cal.

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Civ. Code § 1785.1 et seq. Dkt. 1. On May 4, 2012, the Court granted in part and denied

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in part Defendant's motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil

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Procedure. Dkt. 34.

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In that Order, Defendant's motion to dismiss was granted as to Plaintiff's FCRA

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claim, which was dismissed with leave to amend. Dkt. 34. Defendant's motion to dismiss

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as to Plaintiff's CCRAA claim was denied without prejudice. Id. Plaintiff was given

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twenty-one (21) days from the date the Order was filed to file a first amended complaint.

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Id. The Order expressly warned Plaintiff that the failure to file a first amended complaint

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by the deadline would result in the dismissal of his FCRA claim with prejudice and the

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dismissal of his state law claim without prejudice to the filing of this claim in a state court

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action. Id.

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To date, Plaintiff has not filed a first amended complaint. Accordingly, Plaintiff's

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FCRA claim is DISMISSED with prejudice. Having now dismissed the federal claim

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alleged against Defendant, the Court declines to assert supplemental jurisdiction over

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Plaintiff's remaining state law claim. See 28 U.S.C. § 1367(c)(3) (a district court may

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decline to exercise supplemental jurisdiction if it has dismissed all claims over which it has

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original jurisdiction); see also Sanford v. MemberWorks, Inc., 625 F.3d 550, 561 (9th Cir.

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2010) (" '[I]n the usual case in which all federal-law claims are eliminated before trial, the

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balance of factors to be considered under the pendent jurisdiction doctrine – judicial

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economy, convenience, fairness, and comity – will point toward declining to exercise

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jurisdiction over the remaining state-law claims.' "); Harrell v. 20th Century Ins. Co., 934

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F.2d 203, 205 (9th Cir. 1991) ("it is generally preferable for a district court to remand

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remaining pendant claims to state court. . . .").

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For the reasons stated above, IT IS HEREBY ORDERED THAT:

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Plaintiff's FCRA claim is DISMISSED with prejudice.

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2.

The Court declines to assert supplemental jurisdiction over Plaintiff's

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CCRAA claim, which is dismissed without prejudice to the refiling of this claim in a state

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court action.

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3.

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IT IS SO ORDERED.

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The Clerk shall close the file and terminate all pending matters.

Dated: 7/2/12
______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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BOTTI et al,
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Plaintiff,

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v.
TRANS UNION LLC et al,
Defendant.
/

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Case Number: CV11-04519 SBA

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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 2, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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John R Botti
1163 Capri Drive
Campbell, CA 95008-6003

Dated: July 2, 2012
Richard W. Wieking, Clerk

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By: Lisa Clark, Deputy Clerk

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