Continental Credit Corporation et al v. Garcia

Filing 46

ORDER by Magistrate Judge Nina Y. Wang on 03/11/16. Plaintiffs claim for unjust enrichment is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; and the case is dismissed in its entirety and the Clerk of the Court is directed to CLOSE the case. (nmarb, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-1251-NYW CONTINENTAL CREDIT CORPORATION, NATIONAL CREDIT CARE CORPORATION, Plaintiffs, v. PAUL C. GARCIA, Defendant. ORDER Magistrate Judge Nina Y. Wang This matter is before the court on Plaintiffs’ Response to Order to Show Cause and Request to Dismiss Remaining Unjust Enrichment Claim Without Prejudice for Lack of Subject Matter Jurisdiction. [#45, filed Mar. 8, 2016]. Plaintiffs represent that their remaining claim in this case for unjust enrichment against Defendant Paul C. Garcia does not satisfy the $75,000 amount in controversy requirement to establish diversity jurisdiction pursuant to 28 U.S.C. § 1331. [#45 at ¶ 5]. Plaintiffs therefore request that the court dismiss Plaintiffs’ remaining unjust enrichment claim without prejudice for lack of subject matter jurisdiction. [#45 at ¶ 5]. On the basis of the foregoing, IT IS ORDERED that: (1) As previously set forth in the court’s Memorandum Opinion and Order [#42], Plaintiffs’ claim for relief for breach of contract has been DISMISSED WITH PREJUDICE; (2) Plaintiffs’ claim for unjust enrichment is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; and (3) The case is dismissed in its entirety and the Clerk of the Court is directed to CLOSE the case. DATED: March 11, 2016 BY THE COURT: s/Nina Y. Wang__________ United States Magistrate Judge 2

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?