Velasquez v. Bank of America N.A. et al
Filing
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ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 8/17/12. (lrc, COURT STAFF) (Filed on 8/20/2012)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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6 RODOLFO VELASQUEZ,
Plaintiff,
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Case No: C 11-02491 SBA
DISMISSAL ORDER
v.
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BANK OF AMERICA, N.A.; LTD
10 FINANCIAL SERVICES, L.P.,
Defendants.
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On May 23, 2011, pro se Plaintiff Rodolfo Velasquez ("Plaintiff") filed the instant
mortgage fraud action alleging sixteen claims against Defendants Countrywide Home
Loans, Inc., Bank of America, N.A., and LTD Financial Services, L.P. Compl., Dkt. 1. On
November 16, 2011, Plaintiff filed a second amended complaint ("SAC") alleging twenty
claims against Defendants. Dkt. 28. The Court has original jurisdiction, 28 U.S.C. § 1331,
over Plaintiff's federal claims under the Fair Debt Collection Practices Act ("FDCPA"), 15
U.S.C. § 1692 et seq., the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601, et seq., and
the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601, et seq. The
Court has supplemental jurisdiction, 28 U.S.C. § 1367, with respect to Plaintiff's state law
claims.
On June 21, 2012, this Court issued an Order granting in part and denying in part
Defendants Countrywide Home Loans, Inc. and Bank of America, N.A.'s (collectively
"Defendants") motion to dismiss. Dkt. 67. The motion was granted with respect to
Plaintiff's FDCPA, TILA, and RESPA claims as to all Defendants. Plaintiff's FDCPA
claim and TILA claim for rescission were dismissed with prejudice, while Plaintiff's
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RESPA claim was dismissed with leave to amend. The motion was denied in all other
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respects without prejudice. The Court ordered Plaintiff to file a third amended complaint
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within twenty-one (21) days of June 21, 2012. The Court warned Plaintiff that the failure
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to file a third amended complaint by the deadline will result in the dismissal of his RESPA
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claim with prejudice and the dismissal of his remaining state law claims without prejudice
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to the filing of these claims in a state court action. To date, Plaintiff has not filed a third
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amended complaint.
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Accordingly, because more than 21 days have elapsed since the Court's June 21,
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2012 Order, Plaintiff's RESPA claim is DISMISSED with prejudice. Having now
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dismissed all of the federal claims alleged in the SAC, the Court declines to assert
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supplemental jurisdiction over Plaintiff's remaining state law claims. See 28 U.S.C. §
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1367(c)(3) (a district court may decline to exercise supplemental jurisdiction if it has
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dismissed all claims over which it has original jurisdiction); see also Sanford v.
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MemberWorks, Inc., 625 F.3d 550, 561 (9th Cir. 2010) (" '[I]n the usual case in which all
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federal-law claims are eliminated before trial, the balance of factors to be considered under
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the pendent jurisdiction doctrine – judicial economy, convenience, fairness, and comity –
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will point toward declining to exercise jurisdiction over the remaining state-law claims.' ");
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Harrell v. 20th Century Ins. Co., 934 F.2d 203, 205 (9th Cir. 1991) ("it is generally
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preferable for a district court to remand remaining pendant claims to state court. . . .").
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For the reasons stated above, IT IS HEREBY ORDERED THAT:
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Plaintiff's RESPA claim is DISMISSED with prejudice.
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2.
The Court declines to assert supplemental jurisdiction over Plaintiff's
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remaining state law claims, which are dismissed without prejudice to the refiling of these
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claims in a state court action.
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3.
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IT IS SO ORDERED.
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The Clerk shall close the file and terminate all pending matters.
Dated: 8/17/12
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______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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RODOLFO VELASQUEZ,
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Plaintiff,
v.
BANK OF AMERICA et al,
Defendant.
/
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Case Number: CV11-02491 SBA
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CERTIFICATE OF SERVICE
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 20, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
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Rodolfo Velasquez
426 Idora Avenue
Vallejo, CA 94591
Dated: August 20, 2012
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk
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