Davis v. Service Professionals Inc et al

Filing 11

ORDER granting 8 MOTION to Dismiss MOTION to Remand to State Court filed by Brenda Davis. All federal claims are dismissed without prejudice, and the case is remanded to the Circuit Court of Pulaski County. Signed by Judge D. P. Marshall Jr. on 10/24/13. (kpr)

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----------- - IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF BRENDA DAVIS v. No. 4:12-cv-606-DPM SERVICE PROFESSIONALS INC.; and BAPTIST HEALTH DEFENDANTS ORDER Davis's motion to voluntarily dismiss all her federal claims is granted. She's the master of her complaint. Her FMLA and ADA claims, and any other federal claim embraced by her complaint, are dismissed without prejudice. In the circumstances, the Court declines to exercise supplemental jurisdiction over Davis's remaining state-law claims. 28 U.S.C. ยง 1367(c)(3). The parties' work to date will not be wasted; the Circuit Court can make good use of it in adjudicating what Arkansas law requires in this case. Remand gives the proper deference to state courts in matters of state law. Motion, N!! 8, granted. All federal claims are dismissed without prejudice. Case remanded to the Circuit Court of Pulaski County. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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