Champlaie v. BAC Home Loans Servicing, LP
Filing
60
ORDER signed by Senior Judge Lawrence K. Karlton on 3/2/10 ORDERING that the plaintiff's TILA and RESPA claims are dismissed with prejudice. Plaintiff's remaining claims are dismissed for lack of subject matter jurisdiction. Pursuant to Fed. R. Civ. P. 41(b), dismissal of the state law claims does notoperate as an adjudication on the merits. The clerk of the court is directed to close this case. (Becknal, R)
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1 2 3 4 5 6 7 8 9 TARRANCE CHAMPLAIE, 10 NO. CIV. S-09-1316 LKK/DAD 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff's second Defendants. / amended complaint states claims for v. ORDER BAC HOME LOANS SERVICING, LP, et al., Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
violation of the Truth in Lending Act, 15 U.S.C. § 1601 et seq., ("TILA") the Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617, ("RESPA") and various state laws. Three defendants, BAC Home Loans Servicing, LP, Countrywide Home Loans, Inc., and
Recontrust Company, move to dismiss all claims against them. (Dkt. No. 51). Plaintiff does not oppose dismissal of his TILA and RESPA claims, which are brought only as to these defendants. Accordingly, this case no longer presents a federal question, and this court 1
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declines to exercise supplemental jurisdiction over plaintiff's state law claims. 28 U.S.C. § 1367(c)(3). All parties have agreed that declining to exercise supplemental jurisdiction is proper in this case. For these reasons, plaintiff's TILA and RESPA claims are dismissed with prejudice. Plaintiff's remaining claims are
dismissed for lack of subject matter jurisdiction.
Pursuant to
Fed. R. Civ. P. 41(b), dismissal of the state law claims does not operate as an adjudication on the merits. is directed to close this case. IT IS SO ORDERED. DATED: March 2, 2010. The clerk of the court
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