Continental Credit Corporation et al v. Garcia
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, )
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,
PAUL C. GARCIA,
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:
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;
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.
DATED: March 11, 2016
BY THE COURT:
s/Nina Y. Wang__________
United States Magistrate Judge
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