Lewis v. The City and County of San Francisco et al

Northern District of California, cand-4:2015-cv-02051

ORDER REMANDING CASE. Signed by Magistrate Judge Donna M. Ryu on 09/16/15. (dmrlc2, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 YOSENIO LEWIS, 7 Case No. 15-cv-02051-DMR Plaintiff, 8 v. ORDER REMANDING CASE 9 DANIEL KIRRANE, 10 Defendant. 11 12 On May 6, 2015, Defendants removed this case after Plaintiff added a federal cause of Northern District of California United States District Court 13 action to his state court lawsuit. See Docket No. 1. In his August 28, 2015 Amended Complaint, 14 Plaintiff abandoned his federal claim, which prompted Defendants to file a motion to dismiss the 15 suit for lack of jurisdiction. See Docket Nos. 23, 26. In his opposition, Plaintiff does not contend 16 that the court has subject matter jurisdiction because the case involves federal questions or because 17 the parties are diverse; instead, Plaintiff urges the court to exercise its discretion and remain 18 supplemental jurisdiction over the remaining state law claims pursuant to 28 U.S.C. § 1967. See 19 28 U.S.C. § 1367(c)(3) ("The district courts may decline to exercise supplemental jurisdiction 20 over a claim. . . if. . . the district court has dismissed all claims over which it has original 21 jurisdiction.") (emphasis added); Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009) 22 ("A district court's decision whether to exercise [supplemental] jurisdiction after dismissing every 23 claim over which it had original jurisdiction is purely discretionary."). 24 // 25 // 26 // 27 // 28 // 1 The casse is still at the t pleadingss stage and tthe court hass issued a rulling on only one discretee 2 issu ue unrelated d to the meritts. The courrt therefore ddeclines to exercise suppplemental jurrisdiction 3 oveer the remain ning claims and orders th hat the case be remandeed to the Supperior Courtt for the 4 County of San Francisco. 5 6 IT IS SO S ORDER RED. 7 Daated: Septem mber 16, 2015 5 __________________________________________ 8 Donna M. Ryu 9 Unnited States M Magistrate JJudge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2