United States District Court, N.D. California
February 27, 2004.
EDWARD WILLIAMS, Plaintiff,
ALAMEDA-CONTRA COSTA TRANSIT DIST., et al., Defendants
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER DISMISSING PLAINTIFF'S
REMAINING STATUTORY CLAIMS;
REMANDING PLAINTIFF'S REMAINING
COMMON LAW CLAIMS
By order filed February 9, 2004, the Court granted summary judgment
in favor of Amalgamated Transit Union, Local 192, on all claims asserted
against it and granted summary judgment in favor of Alameda-Contra Costa
Transit District ("AC Transit"), to the extent plaintiffs claims arise
from plaintiff's termination. As a result, plaintiff's remaining claims,
all against AC Transit, are plaintiff's statutory hostile work
environment claims, alleged pursuant to Title VII and the California Fair
Employment and Housing Act ("FEHA"), as well as plaintiff's common law
claims, to the extent based on hostile work environment.*fn1
By separate order filed February 9, 2004, the Court directed plaintiff
to show cause,
in writing and no later than February 23, 2004, why his remaining
statutory claims should not be dismissed based on a failure to exhaust
administrative remedies. To date, plaintiff has not filed a response to
the order to show cause and, consequently, has failed to show that his
remaining statutory claims should not be dismissed.
Accordingly, for the reasons expressed in the Court's order to show
cause, plaintiff's remaining statutory claims are hereby DISMISSED,
without prejudice, for failure to exhaust administrative remedies.
The Court's jurisdiction over the instant action is based solely on the
existence of a federal question. (See Notice of Removal ¶
2.) Consequently, the Court's jurisdiction over the state law claims is
supplemental in nature. See 28 U.S.C. § 1367(a). A district
court may decline to exercise supplemental jurisdiction where "the
district court has dismissed all claims over which it has original
jurisdiction." See 28 U.S.C. § 1367(c)(3). Here, the single
federal claim has been dismissed. Pursuant to § 1367(c)(3), the Court
hereby exercises its discretion to decline to exercise supplemental
jurisdiction over plaintiff's remaining common law state law claims and,
accordingly, REMANDS such claims to the Superior Court of California, in
and for the County of Alameda.
The Clerk shall close the file.
IT IS SO ORDERED.