Dodocase VR, Inc. v. Merchsource, LLC

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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. 23 IT IS SO ORDERED. 24 Dated: May 29, 2020 25 26 7 ALEX G.TSE United States Magistrate Judge 28