LARRY R. HICKS, District Judge.
On December 6, 2011, Plaintiffs A3 Energy, Inc. ("A3") and Gregg Nelson ("Nelson") (collectively "Plaintiffs" or "Counterdefendants") filed a Complaint against County of Douglas, David Gamble, Steven Thaler, Wendy Garrison, City of Refuge, Grace Community Church, and Victor C. Rice (collectively "Defendants"), alleging federal law claims for civil rights violations (ostensibly municipal liability pursuant to 42 U.S.C. §1983); equal protection violations; and due process violations; and state law claims for breach of contract; breach of the implied covenant of good faith and fair dealing; intentional interference with prospective economic advantage; civil conspiracy; negligent hiring, training, and supervision; and injunctive and declaratory relief. Doc. #1.
On May 9, 2013, Defendants Gamble, City of Refuge, and Grace Community Church filed a Motion to Dismiss for Lack of Prosecution. Doc. #58. Also on May 9, 2013, Nelson filed a "Notice of Withdrawal" (Doc. #57), which the Court construed as a Motion for Voluntary Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(2) (see Doc. #64, p. 2). On August 23, 2013, the Court entered an Order dismissing with prejudice A3's claims against Defendants Gamble, City of Refuge, and Grace Community Church. Doc. #64. The Court also ordered that Nelson's claims against Defendants David Gamble, City of Refuge, and Grace Community Church shall be dismissed without prejudice and gave Nelson thirty (30) days to withdraw his "Notice of Withdrawal" (Doc. #57) in order to avoid the attachment of prejudice. Doc. #64. On September 16, 2013, Nelson filed a Withdrawal of his "Notice of Withdrawal," thereby avoiding the attachment of prejudice. Doc. #65.
Before the Court is Counterclaimants Grace Community Church and City of Refuge's Motion for Clerk's Entry of Default on Counterclaims Pursuant to Federal Rule of Civil Procedure 55(a). Doc. #66. Also before the Court is Nelson's pro se Motion to Dismiss Counterclaims. Doc. #68. Counterclaimants Grace Community Church and City of Refuge filed a Response. Doc. #69. Counterclaimant County of Douglas also filed a Response. Doc. #71. Defendant David Gamble filed a Joinder to County of Douglas' Response. Doc. #74. Nelson filed a Reply. Doc. #75. Also before the Court is Defendants County of Douglas, Steven Thaler, and Wendy Garrison's Motion for Summary Judgment. Doc. #70. Defendant David Gamble filed a Joinder to the Motion for Summary Judgment. Doc. #73. Plaintiffs did not file a Response. Defendants County of Douglas, Steven Thaler, and Wendy Garrison filed a Reply. Doc. #76. Defendant David Gamble filed a Joinder to the Reply. Doc. #77.
Federal Rule of Civil Procedure 55(a) provides that "[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default." In light of Nelson's Motion to Dismiss Counterclaims (Doc. #68), filed October 18, 2013, the Court finds that Clerk's Entry of Default is not appropriate. Accordingly, Counterclaimants Grace Community Church and City of Refuge's Motion for Clerk's Entry of Default on Counterclaims Pursuant to Federal Rule of Civil Procedure 55(a) shall be denied.
In its August 23, 2013 Order dismissing Plaintiffs' claims against Defendants Gamble, City of Refuge, and Grace Community Church, the Court construed Nelson's "Notice of Withdrawal" as a Motion for Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2). See Doc. #64, p. 2. The Court's Order in this regard was confined to Defendants Gamble, City of Refuge, and Grace Community Church, as only those Defendants had filed a Motion to Dismiss at that point in time. Nevertheless, Nelson's "Notice of Withdrawal" was addressed to all Defendants in the present litigation. See Doc. #57. As such, the Court finds that its Order dismissing Plaintiffs' claims against Defendants Gamble, City of Refuge, and Grace Community Church is similarly applicable to the remaining Defendants. Accordingly, A3's claims against all Defendants shall be dismissed with prejudice. Nelson's claims against all Defendants shall be dismissed without prejudice. The Court declines to reach the merits of Defendants County of Douglas, Thaler, Garrison, and Gamble's Motion for Summary Judgment at this time, so as to avoid the attachment of prejudice as against Nelson.
While neither party raised the issue, the Court declines to retain supplemental jurisdiction over County of Douglas, City of Refuge, and Grace Community Church's state law Counterclaims. See Schneider v. TRW, Inc., 938 F.2d 986, 993-94 (9th Cir. 1991) (whether to retain supplemental jurisdiction after dismissal of the underlying federal claim is "fully discretionary" with the district court). Because all claims over which the Court had original jurisdiction have been dismissed, the Court finds that the values of economy, convenience, fairness, and comity counsel dismissal without prejudice of the remaining state law counterclaims based upon the Court's declination of supplemental jurisdiction over those claims. See Acri v. Varian Assoc., Inc., 114 F.3d 999, 1001 (9th Cir. 1997) ("in the usual case in which all federal-law claims are eliminated before trial, the balance of factors . . . will point toward declining to exercise jurisdiction over the remaining state-law claims") (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7 (1988)). Accordingly, Nelson's Motion to Dismiss Counterclaims shall be denied as moot.
IT IS THEREFORE ORDERED that Counterclaimants Grace Community Church and City of Refuge's Motion for Clerk's Entry of Default on Counterclaims Pursuant to Federal Rule of Civil Procedure 55(a) (Doc. #66) is DENIED.
IT IS FURTHER ORDERED that Defendants County of Douglas, Thaler, Garrison, and Gamble's Motion for Summary Judgment (Doc. #70) is DENIED.
IT IS FURTHER ORDERED that A3's claims against all Defendants shall be dismissed with prejudice.
IT IS FURTHER ORDERED that Nelson's claims against all Defendants shall be dismissed without prejudice.
IT IS FURTHER ORDERED that Nelson's pro se Motion to Dismiss Counterclaims (Doc. #68) is DENIED without prejudice.
IT IS FURTHER ORDERED that Counterclaimants County of Douglas, City of Refuge, and Grace Community Church's Counterclaims shall be dismissed without prejudice.
IT IS SO ORDERED.