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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)

Citation
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Parent Document
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Effective Date
2004-01-26

Other Sections in This Document (48)

Full Text

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The first dismissal order noted, in a footnote, that were Edwards to fail to amend her RICO claim, there would be no surviving federal claims, and the case would have to be dismissed for lack of subject-matter jurisdiction under 28 U.S.C. § 1367(c)(3). The court then said that "any remaining state law causes of action will be subject to dismissal without prejudice to bringing said claims in state court” (emphasis added). In that very same order, the court unambiguously dismissed, without leave to amend, all the state-law claims in Edwards's then-extant amended complaint, though it granted leave to add state constitutional claims. In context, the court was only accurately stating the effect of § 1367 by explaining that the dismissal of the action for lack of federal subject matter would be without prejudice to any other, "remaining” state-law causes of action which Edwards might later add, such as the state constitutional claims.