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Greek v. Pierce County

United States District Court, Ninth Circuit

September 16, 2013

MEL and ALICE GREEK, husband and wife Plaintiff,
v.
PIERCE COUNTY, KARIE HAMILTON, CHRISTIAN FYNBOE, JOSEPH KOLP, and NATHALY KOLP, and their respective marital communities, and REAL PROPERTY DESCRIBED AS THAT PORTION OF CERTAIN

ORDER (Dkt. #15)

RONALD B. LEIGHTON, District Judge.

THIS MATTER is before the Court on the individual Defendants' Motion to Dismiss under to Fed.R.Civ.P. 12(b)(6). (Dkt. #15). Defendants Hamilton, Fynboe, and Kolp seek to dismiss the present action, arguing that the statute of limitations on the quiet title and ejectment claims against them has long since expired. Alternatively, they ask the Court decline to exercise supplemental jurisdiction over the state law claims against them if it grants Defendant Pierce County's motion to dismiss the only federal claim in the case. Under 28 U.S.C. § 1367, the Court may decline to exercise supplemental jurisdiction if it "has dismissed all claims over which it has original jurisdiction." 28 U.S.C. § 1367(c)(3).

In a separate Order, the County's motion to dismiss is GRANTED. There are no longer any claims over which the Court has original jurisdiction, and the remaining state law claims can and should be resolved at the state court level. The Court therefore DECLINES to exercise supplemental jurisdiction over the remaining state law claims. The Court does not reach the statute of limitations issues. The individual Defendants' Motion to Dismiss is GRANTED, and the case is DISMISSED without prejudice, with leave to file in state court.

IT IS SO ORDERED.


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