Reid & Lynn Grizzle Partnership et al v. K B X Inc et al

Filing 27

ORDER granting 12 motion to remand to Monroe County Circuit Court. Signed by Chief Judge Brian S. Miller on 3/26/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
REID & LYNN GRIZZLE PARTNERSHIP, et al.
v.

PLAINTIFFS

CASE NO. 2:17-CV-00151 BSM

K B X INC., et al.

DEFENDANTS
ORDER

Plaintiffs’ motion to remand [Doc. No. 12] is granted. The complaint alleges several
state-law claims and one claim related to the Food Security Act, 7 U.S.C. § 1631, which is
the basis of removal. Notice of Removal ¶ 3, Doc. No. 1. Plaintiffs, however, lack standing
to recover against K.B.X. based on their claim related to the Food Security Act, and the claim
is dismissed without prejudice. Penn BrothersPartnership et al. v. KBX, Inc. et al., No. 3:17CV-00251 JLH (E.D. Ark. Jan. 29, 2018), ECF No. 26 (holding that plaintiffs making
identical claim lacked standing); see also Delorme v. United States, 354 F.3d 810, 815 (8th
Cir. 2004) (standing can be raised by the court sua sponte at any time). Because no
compelling reason exists to exercise supplemental jurisdiction over the remaining claims, see
28 U.S.C. § 1367(c), they are remanded to the Monroe County Circuit Court.
IT IS SO ORDERED this 26th day of March 2018.

________________________________
UNITED STATES DISTRICT JUDGE