UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 25, 2010
TOU CHANG, PLAINTIFF,
EMC MORTGAGE CORP., ET. AL., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
MEMORANDUM AND ORDER
This action arises out of a mortgage loan transaction in which Plaintiff Tou Chang ("Plaintiff") obtained a home loan in June 2006. Presently before the Court is a Motion by Defendants EMC Mortgage Corporation, Bear Stearns Residential Mortgage Corporation, and Mortgage Electronic Registrations Systems, Inc. (collectively "Defendants") to Dismiss the claims alleged against them in Plaintiff's First Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).*fn1
Plaintiff's First Amended Complaint alleged violations of both federal and state laws, including the Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA") and the Real Estate Settlement Procedures Act, 12 U.S.C. § 2605 et seq. ("RESPA"). However, Plaintiff subsequently filed an Opposition to Defendants' Motion to Dismiss in which he does not oppose dismissal of his federal claims alleging violations of TILA and RESPA. (Docket No. 16)*fn2
With only Plaintiff's state law claims remaining, this Court ceases to have subject matter jurisdiction over the suit. The Court declines to exercise its supplemental jurisdiction over the remaining state causes of action and they are dismissed without prejudice. The Court need not address the merits of Defendants' Motion to Dismiss (Docket No. 27) as those issues are now moot.
Notwithstanding, Plaintiff is cautioned against filing Complaints in this Court and then dismissing the federal claims as soon as a Motion to Dismiss is filed.
For the reasons stated above, the case is dismissed for lack of subject matter jurisdiction. The Clerk is directed to close the file.
IT IS SO ORDERED.