`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`DODOCASE VR, INC., et al.,
`
`Plaintiffs,
`
`v.
`
`MERCHSOURCE, LLC, et al.,
`
`Defendants.
`
`Case No. 17-cv-07088-AGT
`
`ORDER TO SHOW CAUSE RE:
`SUBJECT-MATTER JURISDICTION
`
`
`
`
`
`
`
`Plaintiffs voluntarily amended their complaint earlier this year. In their operative, third
`
`amended complaint, they dropped all federal claims. The only remaining claim is a state-law
`
`claim for breach of a license agreement. Plaintiffs have asked the Court to exercise supplemental
`
`jurisdiction over this state-law claim, under 28 U.S.C. § 1367. See ECF No. 153, TAC ¶¶ 26–27.
`
`When a plaintiff voluntarily amends his complaint to withdraw all federal claims, district
`
`courts cannot exercise supplemental jurisdiction over state-law claims that remain. See Pintando
`
`v. Miami–Dade Housing Agency, 501 F.3d 1241, 1242–44 (11th Cir. 2007); Wellness Cmty.–Nat’l
`
`v. Wellness House, 70 F.3d 46, 50 (7th Cir. 1995); see also 13D Charles A. Wright & Arthur R.
`
`Miller, Federal Practice & Procedure § 3567 & n. 50 (3d ed., updated Apr. 2020).
`
`As federal subject-matter jurisdiction appears to be lacking, the Court orders the parties to
`
`show cause, by Monday, June 15, as to why this case shouldn’t be dismissed.
`
`IT IS SO ORDERED.
`
`Dated: May 29, 2020
`
`
`
`
`
`
`
`ALEX G. TSE
`United States Magistrate Judge
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
