Rivera et al v. Deutsche Bank National Trust Company, as trustee of certificate-holders of the WaMu Mortgage Pass Through Certificate Series 2005-AR6 et al

Filing 46

ORDER by Judge Yvonne Gonzalez Rogers granting 45 Motion to Dismiss RICO Claim; Court REMANDS remainder of this action to the Contra Costa Superior Court; terminating 15 Motion to Remand. (fs, COURT STAFF) (Filed on 5/6/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTON A. RIVERA AND DENISE A. RIVERA,
Plaintiffs,
v.
JPMORGAN CHASE BANK, N.A. et al.,
Defendants.

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Case No. 16-cv-00636 YGR
ORDER GRANTING DISMISSAL OF RICO
CLAIM; REMANDING CASE
Re: Dkt. Nos. 15, 45

This removed action is before the Court based on federal question jurisdiction by virtue of the

Northern District of California

United States District Court

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RICO1 claim alleged against all defendants in the FAC. See 28 U.S.C. § 1331. On May 3, 2016, the

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Court issued an order finding that the FAC did not adequately plead a RICO claim. (Dkt. No. 44.)

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The Court afforded plaintiffs an opportunity to either amend or dismiss the RICO claim. (See id.)

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Plaintiffs now elect the latter option and move to dismiss their RICO claim. (Dkt. No. 45.)

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Good cause appearing, plaintiffs’ motion is GRANTED and the RICO claim is DISMISSED. This Order

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therefore disposes of the only federal claim in this case. Where “federal claims are dismissed before

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trial…pendant state claims also should be dismissed.” See Jones v. Community Redevelopment

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Agency of City of Los Angeles, 733 F.2d 646, 651 (9th Cir. 1984). Accordingly, the Court REMANDS

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the remainder of the action to the Contra Costa Superior Court.

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This Order terminates Docket Numbers 15, 45 and terminates this case.

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IT IS SO ORDERED.

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Dated: May 6, 2016
________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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All terms shall have the same meaning as defined in the Court’s prior order on plaintiffs’
motion to remand. (Dkt. No. 44.)