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 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__ -2-

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