Furthermore, as noted by Defendants, the threshold inquiry in dormant Commerce Clause analysis is whether interstate commerce is even at issue. C & A Carbone Inc. v. Town of Clarkstown, New York, 511 U.S. 383, 389, 114 S.Ct. 1677, 128 L.Ed.2d 399 (1994). Each of the Plaintiffs are taxicab owners and operators within the City of Camden and according to the issues pled in this case are not protected parties under the Commerce Clause. None are out of state entities allegedly being discriminated against by the State of New Jersey. Interstate commerce is not implicated by the issues in this case and cannot serve as grounds for federal jurisdiction.
Although Plaintiffs argue in their brief that Defendant City of Camden's excessive increases in licensing fees constitutes a government taking, they do not specifically plead a takings violation in their complaint. See Compl., Second Count, ¶ 2. Furthermore, Plaintiffs produced no evidence or precedent supporting this argument, besides pointing to the fact that it is illegal, under New Jersey law, for a municipality to pass a valid ordinance for revenue purposes only. Taxi's Inc. v. Borough of East Rutherford., 149 N.J. Super. 294, 373 A.2d 717 (Law Div. 1977). Even if the takings claim had been properly pled and supported, the facts would be unlikely to survive a motion to dismiss under Fed.R.Civ.P. 12(b)(6). Plaintiffs do not challenge Defendant City of Camden's assertions that the increased fees do not exceed the City of Camden's regulatory costs and are not a "taking" for constitutional purposes.
Once a federal court has dismissed all claims over which it has original jurisdiction, it should ordinarily decline to exercise supplemental jurisdiction over state law claims. United Mine Workers of America v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966); Tully v. Mott Supermarkets 540 F.2d 187 (3d Cir. 1976); Coleman v. State of N.J., 246 F. Supp.2d 384 (D.N.J. 2003). Therefore, since there is no federal question, we will dismiss Plaintiffs' remaining state law claims.
This matter having appeared before the Court upon Defendants' motions to dismiss the complaint, the Court having reviewed the submissions of the parties, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,
IT IS on this 20th day of June, 2003,
ORDERED THAT Defendants' motions to dismiss the complaint are GRANTED.
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