Dodocase VR, Inc. v. Merchsource, LLC

Opinion

1 2 3 6 7 DODOCASE VR, INC., et al., Case No. 17-cv-07088-AGT g Plaintiffs, ORDER TO SHOW CAUSE RE: SUBJECT-MATTER JURISDICTION 9 v. 10 MERCHSOURCE, LLC, et al., ll Defendants. 12 Plaintiffs voluntarily amended their complaint earlier this year. In their operative, third 5 13 || amended complaint, they dropped all federal claims. The only remaining claim is a state-law 14 claim for breach of a license agreement. Plaintiffs have asked the Court to exercise supplemental 3 15 jurisdiction over this state-law claim, under 28 U.S.C. § 1367. See ECF No. 153, TAC | 26-27. a 16 When a plaintiff voluntarily amends his complaint to withdraw all federal claims, district 3 17 || courts cannot exercise supplemental jurisdiction over state-law claims that remain. See Pintando 18 v. Miami-Dade Housing Agency, 501 F.3d 1241, 1242-44 (11th Cir. 2007); Wellness Cmty.—Nat’l 19 v. Wellness House, 70 F.3d 46, 50 (7th Cir. 1995); see also 13D Charles A. Wright & Arthur R. 20 Miller, Federal Practice & Procedure § 3567 & n. 50 (3d ed., updated Apr. 2020). 21 As federal subject-matter jurisdiction appears to be lacking, the Court orders the parties to 22 show cause, by Monday, June 15, as to why this case shouldn’t be dismissed. 24 Dated: May 29, 2020 25 26 7 ALEX G.TSE United States Magistrate Judge 28