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Sorenson v. Countrywide Home Loans

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 26, 2010

ROBERT A. SORENSON, PLAINTIFF,
v.
COUNTRYWIDE HOME LOANS, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; GAILINA CHEREDAYKO; COUNTRY WIDE BANK, FSB; BANK OF AMERICA AND DOES 1-20, INCLUSIVE, 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 Robert A. Sorenson ("Plaintiff") refinanced his home in 2005. Presently before the Court is a Motion by Defendants Countrywide Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., Galina Cheredayko, Bank of America Corporation, and Countrywide Bank, FSB ("Defendants") to Dismiss the claims alleged against them in Plaintiff's Second Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).

Concurrently, Defendants filed a Motion to Strike portions of the Second Amended Complaint.

Plaintiff's Second Amended Complaint alleges only state law causes of action. Plaintiff has also filed an Opposition in which he does not oppose dismissal of his Second Amended Complaint for lack of subject matter jurisdiction.

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. 35) as those issues are now moot. Defendants' Motion to Strike (Docket No. 34) is also moot.*fn1

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. The Clerk is directed to close the file.

IT IS SO ORDERED.


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