Ervin v. Turner et al

Filing 31

ORDER granting 25 motion to dismiss. All federal claim in this case have been dismissed with prejudice, Doc 23 . Ervin's remaining claim against Southern Paramedic Services is a medical malpractice claim under Arkansas law. The Court therefore declines to exercise supplemental jurisdiction over Ervin's remaining state-law claim. 28 U.S.C. § 1367(c)(3). Signed by Chief Judge D. P. Marshall Jr. on 6/4/2021. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
NATHANIEL ERVIN
v.

PLAINTIFF
No. 2:20-cv-120-DPM

SOUTHERN PARAMEDIC SERVICES,
INC.

DEFENDANT

ORDER
Southern Paramedic Services' motion to dismiss, Doc. 25, is
granted.
prejudice.

All federal claims in this case have been dismissed with
Doc. 23.

Ervin's remaining claim against Southern

Paramedic Services is a medical malpractice claim under Arkansas law.
Both Ervin and Southern Paramedic Services are citizens of Arkansas,
so the Court lacks diversity jurisdiction. 28 U.S.C. § 1332(a). In a case
such as this one -where all the federal claims have been eliminated
before trial-the balance of relevant factors usually tilts against
exercising supplemental jurisdiction. Marianist Province of United States
v. City of Kirkwood, 944 F.3d 996, 1003 (8th Cir. 2019).

The Court

concludes, and Southern Paramedic Services agrees, that the discovery
done to date (including video depositions) can be used in a later state
court case. This litigation is mid-stream; and the case is deep in this
Court's line of cases for trial in April 2022. While Ervin will be out a
second filing fee, and the time necessary to edit the complaint, those are

de minimis expenses. The Court sees no circumstance that overcomes
the presumption created by precedent that a state court should resolve
the parties' dispute.

The Court therefore declines to exercise

supplemental jurisdiction over Ervin's remaining state-law claim.
28 U.S.C. § 1367(c)(3).
So Ordered.

D .P. Marshall Jr.
United States District Judge

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