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Teresi Investments Iii, A California Limited Partnership v. City of Mountain View

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 8, 2013

TERESI INVESTMENTS III, A CALIFORNIA LIMITED PARTNERSHIP, PLAINTIFF,
v.
CITY OF MOUNTAIN VIEW, A MUNICIPAL CORPORATION, AND DOES 1--10, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Edward J. Davila United States District Judge

ORDER REMANDING CASE

United States District Court For the Northern District of California

In the above entitled action, this Court has previously granted Defendant's Motion for Summary Judgment, which effectively disposed of all of the claims in Plaintiff's Amended 19 Complaint. See Order Granting Def.'s Mot. for Summ. J., Docket Item No. 69. It its Answer to the 20 Amended Complaint, Defendant had filed various state-based counterclaims. See Def.'s Answer 21 and Countercl., Docket Item No. 25. Because the claims supporting federal question jurisdiction 22 were resolved against Plaintiff in the Order Granting Defendant's Motion for Summary Judgment, 23 the Court declines to exercise supplemental jurisdiction over the remaining state law 24 counterclaims; as such, those counterclaims shall be remanded to the state court from which it 25 originated for further proceedings. See 28 U.S.C. § 1367(c)(3); 28 U.S.C. § 1447(c) Carnegie-26 Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988); Acri v. Varian Assocs., Inc., 114 F.3d 999, 27 1000 (9th Cir. 1997) (en banc).

IT IS SO ORDERED.

United States District Court For the Northern District of California

20130108

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