Wright v. Crain H LLC

Filing 12

ORDER granting 8 Motion to Dismiss federal claim; granting 8 Motion to Remand to State Court. Wright's remaining state law claims are remanded to the Saline County Circuit Court. Signed by Judge D. P. Marshall Jr. on 8/1/13. (kpr) (Additional attachment(s) added on 8/1/2013: # 1 Main Document - Correct and docket text modified to correct the court.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF SHANE WRIGHT v. No. 4:12-cv-407-DPM CRAIN H L.L.C. dfb/a CRAIN AUTOMOTIVE HOLDINGS, L.L.C. DEFENDANT ORDER Wright's unopposed motion for voluntary dismissal of his federal claim, NQ 8, is granted. That claim is dismissed without prejudice. The Court declines to exercise its supplemental jurisdiction over Wright's remaining state law claims. 28 U.S.C. § 1367(c)(3); Lindsey v. Dillard's, Inc., 306 F.3d 596, 598-99 (8th Cir. 2002). The Court remands those claims to the Pulaski County Circuit Court. Wright's pendent claims aren't subject to the thirty-day rule for remand, 28 U.S.C. § 1447(c), because there was no defect in removal procedure. Lindsey, 306 F.3d at599. The Court has subject matter jurisdiction, it simply chooses not to exercise it. 28 U.S.C. § 1367(c). The Court will not imposeconditionsonremand,givenWright'sgood-faithabandonmentofany FLSA claims. So Ordered. D.P. Marshall Jr. l United States District Judge -2-

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