Dehen v. Doe et al

Filing 73

ORDER for Supplemental Briefing. The Court asks Dehen, Twitter, and USD to each file a three-page memorandum by 8/20/2018. The Court will then decide the pending motions to dismiss. Signed by Judge Larry Alan Burns on 7/30/2018.(All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TIFFANY DEHEN,
Plaintiff,

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CASE NO. 17cv198-LAB (WVG)
vs.

ORDER FOR SUPPLEMENTAL
BRIEFING

JOHN DOES 1-100, et al.,
Defendants.

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Tiffany Dehen sued John Doe for copyright infringement and other state claims. She

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also sued Twitter and the University of San Diego for purported violations of RICO, the

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Hobbes Act, and other state claims. Since Dehen, Twitter, and USD all share California

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citizenship, the Court only has federal question jurisdiction to hear the dispute. Twitter and

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USD moved to dismiss the complaint for failure to state a claim.

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“Needless decisions of state law should be avoided both as a matter of comity and

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to promote justice between the parties” and “if the federal claims are dismissed before trial

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. . . the state claims should be dismissed as well.” United Mine Workers of Am. v. Gibbs,

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383 U.S. 715, 726 (1966). If the Court finds Dehen’s federal claims against Twitter and USD

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fail to state a claim for relief, and dismisses them without leave to amend, should the Court

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exercise supplemental jurisdiction to decide her pending state claims against Twitter and

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USD based on the outstanding federal copyright claim against John Doe?

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Since neither side addressed this issue in the moving papers, the Court asks Dehen,

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Twitter, and USD to each file a three-page memorandum addressing the question by August

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20, 2018. The Court will then decide the pending motions to dismiss.

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IT IS SO ORDERED.
Dated: July 30, 2018
HONORABLE LARRY ALAN BURNS
United States District Judge

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