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Mark Castillo v. Countrywide Home Loans

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 1, 2011

MARK CASTILLO,
PLAINTIFF,
v.
COUNTRYWIDE HOME LOANS, INC.; MORTGAGE ELECTRONIC
SYSTEMS, INC.; BANK OF AMERICA, N.A.; RECONTRUST COMPANY, N.A.; AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER REMANDING STATE CLAIMS REGISTRATION

On November 12, 2010, this Court issued an Order dismissing Plaintiff's federal claims with leave to amend. See November 12, 2010 Order (Dkt. No. 20). The Court ordered that Plaintiff file any amended federal claims within 30 days of November 12, 2010, meaning by December 13, 2010. As of today, February 1, 2011, no amended complaint has been filed. As 22 stated in the November 12, 2010 Order, in addition to the two federal claims Plaintiff attempted to 23 assert in his Complaint, Plaintiff also asserted ten other causes of action, all arising exclusively 24 under state law. See Compl. (Dkt. No. 1). The Court declines to exercise jurisdiction over these 25 claims. See Carlsbad Tech., Inc. v. HIF BIO, Inc., 129 S. Ct. 1862, 1866-67 (2009); 28 U.S.C. 1367(c) ("The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if . . . the district court has dismissed all claims over which it has original jurisdiction . . . .) ." Accordingly, this case is hereby REMANDED to the Santa Clara County Superior Court.

IT IS SO ORDERED.

20110201

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