Opinion
Case No.: 1:10-CV-02133-OWW-SMS
09-08-2011
FRANK C. CARSON Plaintiff, v. COUNTY OF STANISLAUS, STEVEN JACOBSEN, Defendants.
A PROFESSIONAL CORPORATION Terence J. Cassidy, SBN 99180 Kristina M. Hall, SBN 196794 Attorneys for Defendants COUNTY OF STANISLAUS and STEVE JACOBSEN
A PROFESSIONAL CORPORATION
Terence J. Cassidy, SBN 99180
Kristina M. Hall, SBN 196794
Attorneys for Defendants COUNTY OF STANISLAUS
and STEVE JACOBSEN
ORDER ON THE MOTION TO DISMISS FIRST AMENDED COMPLAINT BY
DEFENDANTS COUNTY OF STANISLAUS AND STEVEN JACOBSEN
The Motion to Dismiss Plaintiff's First Amended Complaint, filed by Defendants COUNTY OF STANISLAUS and STEVE JACOBSEN ("Defendants") was fully briefed and the matter was heard on August 22, 2011. Frear Stephen Schmid appeared by telephone on behalf of Plaintiff Frank C. Carson. Terence J. Cassidy of Porter Scott appeared on behalf of Defendants. After hearing oral arguments and taking the matter under submission, the District Court issued its written ruling granting the motion on August 29, 2011. A true and correct copy of that ruling is attached hereto as Exhibit A and incorporated by reference as though fully set forth herein.
Good cause appearing therefor:
IT IS HEREBY ORDERED that Defendants County of Stanislaus and Steve Jacobsen's Motion to Dismiss be and the same hereby is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's federal claims are dismissed with prejudice and plaintiff's state law claims are dismissed without prejudice on the grounds that the Court declines to exercise supplemental jurisdiction over those claims as there is no federal interest remaining in this lawsuit. 28 U.S.C. 1367 (c).
IT IS THEREFORE ORDERED that the Clerk of the Court be and the same hereby is directed to enter Judgment in favor of defendants with respect to the federal law claims. IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE