Osei v. Countrywide Home Loans et al
Filing
62
ORDER signed by Senior Judge Lawrence K. Karlton on 05/11/10 ORDERING Bank of America defendants TO SHOW CAUSE within seven days why this case should not be dismissed for lack of subject matter jurisdiction; VACATING HEARING set for May 24, 2010 at 10:00 a.m. re 58 Motion to Dismiss for Lack of Jurisdiction; 59 Motion to Dismiss. (Williams, D).
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1 2 3 4 5 6 7 PATRICK OSEI, 8 NO. CIV. S-09-1981 LKK/JFM 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 Plaintiff's second / amended complaint states claims for v. COUNTRYWIDE HOME LOANS; LENDING 1st MORTGAGE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DELTA MORTGAGE & REAL ESTATE; JEFFREY ALAN PELLETIER; JEFFREY PAUL OLSON; JEFF BRYAN DELORA; and DOES1-20, inclusive, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER
violation of various state laws. All defendants who have appeared in this case move to dismiss all claims against them. Dkt. Nos. 55, 58, 59. Defendants Pelletier Finance, Inc. dba Delta Mortgage and
Real Estate, Jeffrey Allen Pelletier, Jeffrey Paul Olson, and Jeff Bryan Delora ("Pelletier Finance defendants") move to dismiss because this court lacks subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1), and for failure to state a claim, pursuant to Fed. R. Civ. P. 12(b)(6). Defendants Bank of America 1
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Corporation and Mortgage Electronic Registration Systems, Inc. ("Bank of America defendants") only move to dismiss for failure to state a claim. Plaintiff opposed both motions to dismiss for failure to state a claim, yet filed a statement of non-opposition as to the Pelletier Finance defendants' motion to dismiss for lack of subject matter jurisdiction. Because plaintiff no longer brings any federal causes of action and because some defendants and plaintiff admit that this court lacks subject matter jurisdiction, it appears that this case no longer presents a federal question. If that is the case, the court will decline to exercise supplemental jurisdiction over the remaining state law claims. 28 U.S.C. § 1367(c)(3). The Bank of America defendants are therefore ORDERED TO SHOW CAUSE within seven days of the date of this order why this case should not be dismissed for lack of subject matter jurisdiction. Additionally, the court does not find oral argument necessary as to the motion to dismiss or the question of subject matter jurisdiction. The hearing currently set for May 24, 2010 at 10:00 a.m. is therefore VACATED. IT IS SO ORDERED. DATED: May 11, 2010.
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