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. § 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

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