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Bond v. Chase Home Finance

February 22, 2010

CHARLOTTA BOND ET AL
v.
CHASE HOME FINANCE, LLC ET AL



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

CIVIL MINUTES - GENERAL

Proceedings: (In Chambers)

ORDER RE: REMAND

On November 24, 2009, Defendant Chase Home Finance LLC ("Chase") filed a motion to dismiss Plaintiffs' Second Amended Complaint. (Docket No. 10.) The Court granted Chase's motion with regard to Plaintiffs' one federal claim, and gave Plaintiffs leave to file an amended complaint no later than January 19, 2010. (Id.) Because Plaintiffs failed to adequately plead a federal claim, the Court did not address the remaining state law causes of action. (Id.) The Court indicated that if Plaintiffs failed to file an amended complaint, then the Court would exercise its discretion under 28 U.S.C. § 1367(c) and remand the remaining state law claims. (Id.)

Plaintiffs have failed to file an amended complaint and the Court therefore REMANDS the case to state court pursuant to 28 U.S.C. § 1367(c).

IT IS SO ORDERED.

20100222

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