Opinion
NO. CIV. S-10-0078 LKK/EFB.
July 13, 2010
ORDER
Plaintiffs in this case bring numerous claims arising out of their home loan and mortgage. Plaintiffs' operative complaint alleges no federal causes of action. On March 10, 2010, the court ordered the parties to show cause as to why the court retained subject matter jurisdiction over this suit. The Federal Deposit Insurance Corporation ("FDIC"), as receiver for defendant Indymac Federal Bank, FSB, filed a response stating that because of the FDIC's participation in the case, federal subject matter jurisdiction was proper under 12 U.S.C. § 1819(b)(2)(A). The court agreed, and substituted the FDIC in place of Indymac Federal Bank. See Order filed March 30, 2010 (Dkt. No. 25).
Plaintiffs have since voluntarily dismissed their claims against the FDIC. Accordingly, it again appears that there is no basis for federal question jurisdiction and that the court should decline to exercise supplemental jurisdiction. The court again grants defendants an opportunity to file briefs explaining why subject matter jurisdiction over the amended complaint is proper in this court. Said briefs may not exceed ten (10) pages, and must be filed, if at all, within fourteen (14) days of the date of this order. If no such brief is filed, the court will dismiss this suit without prejudice for lack of subject matter jurisdiction. Fed.R.Civ.P. 41(b).
IT IS SO ORDERED.