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Cruz v. Aurora Loan Services

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 8, 2010

NOLASCO CONSTANTINO CRUZ, PLAINTIFF,
v.
AURORA LOAN SERVICES; GMAC MORTGAGE; OLYMPIA FUNDING, INC.; QUALITY LOAN SERVICE CORPORATION; HILLTOP FINANCIAL MORTGAGE, INC.; IBRAHIM K. KABA; SUNMEET NARINDER ANAND; AND THANH NGOC NGUYEN, 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 Nolasco Constantino Cruz ("Plaintiff") refinanced his home. Presently before the Court are Motions by Defendants Aurora Loan Services and GMAC Mortgage, LLC ("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).

Plaintiff's First Amended Complaint alleges only state law causes of action. Plaintiff has filed a Statement of Non-Opposition in which he does not oppose dismissal of his First Amended Complaint for lack of subject matter jurisdiction. He has also filed a Motion to Dismiss for Lack of Jurisdiction scheduled for hearing on June 24, 2010.

Plaintiff is 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 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' Motions to Dismiss (Docket Nos. 34 and 38) as those issues are now moot.*fn1 Plaintiff's own Motion to Dismiss (Docket No. 39) 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.


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