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Meridian International Co., Ltd. Usa, LLC v. K. R. Tools

UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA


September 10, 2012

MERIDIAN INTERNATIONAL CO., LTD. USA, LLC
v.
K. R. TOOLS, INC., ET AL.

The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER DECLINING TO EXERCISE SUPPLEMENTAL

JURISDICTION OVER COUNTERCLAIM

On December 22, 2011, Plaintiff Meridian International Co., Ltd. USA, LLC ("Plaintiff") filed a Complaint against Defendant K R Tools, Inc., Randy Nulman, and Jeffrey Sottak (collectively "Defendants"), alleging that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332. On March 13, 2012, Defendant and Counter-Claimant K R Tools, Inc. filed a Counterclaim for Breach of Implied Covenant Not To Sue, alleging that this Court has supplemental jurisdiction over the Counterclaim pursuant to 28 U.S.C. § 1367. On August 10, 2012, the Court granted Defendants' Motion for Summary Judgment to Dismiss Complaint Pursuant to 56(a) of Federal Rules of Civil Procedure, dismissed Plaintiff's Complaint with prejudice, and entered judgment accordingly.

In light of the fact that the Court has dismissed the only claims over which this Court has original jurisdiction, and after considering judicial economy, convenience, fairness, and comity, the Court declines to exercise supplemental jurisdiction over K R Tools, Inc.'s Counterclaim. See 28 U.S.C. § 1367(d), Satey v. JPMorgan Chase & Co., 521 F.3d 1087, 1091 (9th Cir. 2008) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 351 (1988)) ("'[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine -- judicial economy, convenience, fairness, and comity -- will point toward declining to exercise jurisdiction over the remaining state law claims.'"). Accordingly, K R Tools, Inc.'s Counterclaim is DISMISSED without prejudice.

IT IS SO ORDERED.

20120910

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