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
SHANE WRIGHT
v.

PLAINTIFF
No. 4:12-cv-407-DPM

CRAIN H L.L.C.
d/b/a CRAIN AUTOMOTIVE
HOLDINGS, L.L.C.

DEFENDANT
ORDER

Wright’s unopposed motion for voluntary dismissal of his federal claim,
¹ 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 Saline 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 at 599. The Court has subject matter jurisdiction,
it simply chooses not to exercise it. 28 U.S.C. § 1367(c). The Court will not
impose conditions on remand, given Wright’s good-faith abandonment of any
FLSA claims.

So Ordered.
_________________________
D.P. Marshall Jr.
United States District Judge
_1 August 2013__

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