DLJ Mortgage Capital, Inc. v. Kontogiannis et al
Filing 241
MEMORANDUM AND ORDER: In line with the foregoing, plaintiff's § 1962(c) and § 1962(d) RICO claims are dismissed without prejudice. Given the early stage dismissal of all federal claims, and especially the reasons for it, the Court decl ines to exercise its supplemental jurisdiction over the pendent state claims alleged in the amended complaint. Furthermore, the Court observes that its decision to decline the exercise of supplemental jurisdiction is not only unopposed, but urged by defendants and plaintiff alike. Finally, leave is granted to replead all pendent claims pled in the amended complaint in any appropriate state forum. Enforcement of that part of this Order dismissing the amended complaint is, however, stayed through and including August 6, 2010, and any preliminary relief previously ordered in this action shall remain in effect until that date but without prejudice to plaintiff's right to seek the same or similar relief in state court. Ordered by Judge Eric N. Vitaliano on 7/23/2010. (Brucella, Michelle)
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