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Cole v. Option One Mortgage Corp.

January 8, 2010

LIONEL COLE
v.
OPTION ONE MORTGAGE CORPORATION ET AL



The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Proceedings: (In Chambers)

ORDER RE: DISMISSAL

Defendants Sand Canyon Corporation, formerly known as Option One Mortgage Corporation, and American Home Mortgage Servicing, Inc. filed a motion to dismiss Plaintiff's complaint on November 10, 2009. (Docket No. 9.) On December 10, 2009, the Court granted Defendants' motion to dismiss Plaintiff's first cause of action with leave to amend. (Docket No. 14.) Because Plaintiff failed to adequately plead a federal claim, the Court did not address the remaining state law causes of action in the complaint. Plaintiff was given leave to amend his complaint by January 4, 2010. However, the Court indicated that if Plaintiff failed to timely amend to state a federal cause of action, then the Court would exercise its discretion to decline supplemental jurisdiction over the remaining state law claims.

Plaintiff has failed to timely amend his complaint. Thus, because Plaintiff has failed to allege a federal cause of action over which the Court has original jurisdiction, the Court DISMISSES the pendant state law claims without prejudice. 28 U.S.C. § 1367(c); Brown v. Lucky Stores, Inc., 246 F.3d 1182, 1189 (9th Cir. 2001).

IT IS SO ORDERED.

20100108

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