Edwards v. Whatley et al

Filing 9

ORDER granting 7 Motion to Dismiss. Edwards's claims under Title VII and 42 U.S.C. § 1981 are dismissed without prejudice. The Court declines to exercise jurisdiction over the remaining Arkansas Civil Rights Act claims. 28 U.S.C. § 1367(c)(3). Those claims are remanded to the Circuit Court of Jefferson County. Signed by Judge D. P. Marshall Jr. on 2/28/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JEFFERY L. EDWARDS
v.

PLAINTIFF
No. 4:12-cv-747-DPM

MONTY WHATLEY and
UNION PACIFIC RAILROAD

DEFENDANTS

ORDER
Unopposed motion for voluntary dismissal, NQ 7, granted. Edwards's
claims under Title VII and 42 U.S.C. § 1981 are dismissed without prejudice.
The Court declines to exercise jurisdiction over the remaining Arkansas Civil
Rights Act claims. 28 U.S.C. § 1367(c)(3). Those claims are remanded to the
Circuit Court of Jefferson County. The Court remands, rather than dismissing
the ACRA claims, as Defendants suggest, for two reasons. First, a remand
will keep this older case in a priority position on the Circuit Court's docket.
Second, requiring the plaintiff in these circumstances to use his one non-suit
on the state-law claims would discourage the post-removal abandonment of
secondary federal claims.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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