Martinez et al v. Lumber et al

Filing 48

ORDER re 45 Dismissing Case Without Prejudice. Signed by Judge Patricia V. Trumbull on 12/9/09. (pvtlc1) (Filed on 12/10/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION AUGUSTINE MARTINEZ, et al., ) ) Plaintiffs, ) ) v. ) ) AC LUMBER, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 07-2710 PVT ORDER DISMISSING CASE WITHOUT PREJUDICE On November 9, 2009, the court issued an order to show cause why this action should not be dismissed without prejudice to Plaintiffs filing a complaint in state court. No response to the order to show cause was filed by any of the parties. Therefore, based on the file herein, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice to Plaintiffs filing a complaint in state court. Plaintiffs have withdrawn their only federal claims.1 In cases where all federal-law claims are eliminated before trial, "the balance of factors to be considered under the pendent jurisdiction doctrine-judicial economy, convenience, fairness, and comity-will point toward declining to exercise jurisdiction over the remaining state-law claims." Carnegie-Mellon Univ. v. See Joint Pretrial Conference Statement (docket no. 41) at 3:8-10, 4:11-13 & 5:16-18. OR D E R, page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cohill, 484 U.S. 343, 350 n. 7 (1988); see also 28 U.S.C. § 1367(c)(3) & (d).2 Dated: 12/9/09 PATRICIA V. TRUMBULL United States Magistrate Judge The statute of limitations concern articulated in Carnegie-Mellon was later addressed when congress enacted the supplemental jurisdiction statute, which includes a provision tolling the statute of limitations for state law claims when they are filed along with federal claims in district cour t. See 28 U.S.C. § 1367(d) OR D E R, page 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 copies mailed on 12/10/09 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system. Surinder Chawla 3739 Arlen Court San Jose, CA 95132 Amar S. Chawla 3739 Arlen Court San Jose, CA 95132 /s/ Donna Kirchner CORINNE LEW Courtroom Deputy for

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?