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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1NITED STATES DISTRICT COURT DISTRICT OF ARIZONA April 15, 2010 Maricopa County Superior Court Attn: Civil File Counter 201 West Jefferson Phoenix, Arizona 85003-2205 RE: Remanded to Maricopa County Superior Court District Court Case Number: CV 10-0277-PHX-DGC Matthew Murphy, v. Pearson Education, et al. Superior Court Number: CV2010-090139 Dear Clerk, Enclosed is a certified copy of the Order entered in this Court on April 15, 2010, remanding the above case to Maricopa County Superior Court for the State of Arizona. Sincerely, RICHARD H. WEARE, DCE/CLERK OF COURT s/D.Taylor Deputy Clerk Enclosure cc: All Counsel

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