UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
June 4, 2010
RONALD MCDOWELL AND JOAN MCDOWELL, PLAINTIFFS,
LITTON LOAN SERVICING; UNITED HOME MORTGAGE; QUALITY LOAN SERVICE CORP.; ASAD ZAFARI; AND CARLOS LOPEZ, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
MEMORANDUM AND ORDER
Presently before the Court is a Motion by Defendant Litton Loan Servicing, LP ("Defendant") to Dismiss the Second Amended Complaint of Plaintiffs Ronald McDowell and Joan McDowell ("Plaintiffs") for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).*fn1
Plaintiffs' Second Amended Complaint alleges only state law causes of action. Plaintiffs have filed a Statement of Non-Opposition in which they do not oppose dismissal of their Second Amended Complaint for lack of subject matter jurisdiction. They have also filed a Motion to Dismiss for Lack of Jurisdiction, scheduled for hearing on June 24, 2010.
Plaintiffs are cautioned against filing complaints in this Court and then dismissing the federal claims as soon as a Motion to Dismiss is filed.
However, with only Plaintiffs' 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 Defendant's Motion to Dismiss (Docket No. 27) as those issues are now moot. Plaintiffs' own Motion to Dismiss (Docket No. 30) is also moot and the hearing is hereby vacated.
For the reasons stated above, the case is dismissed. The Clerk is directed to close the file.
IT IS SO ORDERED.