Murphy v. Pearson et al
Filing 26
ORDER granting in part and denying in part 6 Defendants' Motion to Dismiss Counts/Claims. The motion is granted to the extent count one of the amended complaint asserts a federal claim under the USERRA, 38 U.S.C. § 4301 et seq., or 20 C.F .R. § 1002.248. The motion is denied as moot to the extent Defendants seek dismissal of count three for failure to exhaust administrative remedies under Title VII. The Court, pursuant to 28 U.S.C. § 1367(c)(3), will not exercise supplemental jurisdiction over the remaining state claims. 3. The Clerk is directed to remand this action to state court. Signed by Judge David G Campbell on 4/14/10. (Attachments: # 1 Remand Letter)(DMT)
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