to exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367(c)(3). The parties have stipulated that the court can and should retain subject matter jurisdiction pursuant to 28 U.S.C. § 1367(a). Doc. 126. The court has considered that the parties' Stipulation dismissing Counts I, II, and IV comes late in the progress of this case, has considered generally accepted principles of judicial economy, convenience and fairness to the litigants, and has determined that the court will retain supplemental jurisdiction over the claims remaining in this matter. The court notes that CBC's affirmative defenses of copyright preemption and the First Amendment do not affect the jurisdictional issue. See Cardtoons, L.C., v. Major League Baseball Players Ass'n, 95 F.3d 959, 964 (10th Cir.1996) (<HOLDING>) (citation omitted). 6 . Sources, including
recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction holding that the trial court in a declaratory judgment action abuses its discretion when it determines any of the ultimate facts upon which recovery is predicated in the underlying case holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment holding that in a declaratory judgment action it is the character of the impending action not the plaintiffs defense that determines whether there is federal question jurisdiction