HOWARD LLOYD, Magistrate Judge
Plaintiffs brought this action, alleging one claim for violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., as well as several other claims for violations of state law. This court granted defendants' Fed.R.Civ.P. 12(b)(6) motion to dismiss the FLSA claim with leave to amend. Having dismissed the sole basis for federal jurisdiction, this court declined to exercise supplemental jurisdiction over plaintiffs' state law claims and dismissed them without prejudice.
Once again, defendants move to dismiss this action — this time on the ground that plaintiffs failed to file their amended pleading by the court-ordered deadline. Indeed, plaintiffs now advise that they have no intention of amending their complaint to state any federal claims and have instead decided to pursue only their state law claims in state court. They oppose defendants' motion to dismiss in "abundance of caution" and only to the extent that the motion seeks to dismiss their state law claims with prejudice. Defendants confirm that is not the intent of their motion; and, as discussed above, plaintiffs' state law claims have already been dismissed (without prejudice) for lack of subject matter jurisdiction. In sum, plaintiffs perceive controversy where there is none.
Because plaintiffs now confirm that they have no intent of pursuing any federal claims, defendants' motion to dismiss this action is granted and plaintiffs' FLSA claim is dismissed with prejudice. Defendants' request for sanctions is denied. The motion hearing noticed for April 7, 2009 is vacated.
The clerk shall enter judgment and close the file.