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).

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

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