Wade v. Baptist Health et al

Filing 33

ORDER deeming that the Hospital defendants are entitled to Judgment as a matter of law on Wade's FMLA claim. The hospital defendants are entitled to summary judgment on Wade's ERISA claim as well. Having dismissed, the federal claims, the Court declines to exercise its supplemental jurisdiction over Wade's state law claim for wrongful termination. The Court leaves this unsettled question to the Arkansas courts. Signed by Judge D. P. Marshall Jr. on 8/13/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DENISE WADE

v.

PLAINTIFF
No. 4:13-cv-48-DPM

BAPTIST HEALTH; DEBRA LANGLEY;
and NAOMI WALLIS

DEFENDANTS

ORDER

1. The Court appreciate the parties' supplemental filings. NQ 31 & 32.
Even though there are genuine issues of material fact about retaliation, Wade
sustained no recoverable damages. The material facts on damages are
undisputed. And for the reasons explained, and based on the authorities
cited, in Baptist's supplement, NQ 32 at 1-7, the hospital defendants are
entitled to judgment as a matter of law on Wade's FMLA claim.
2. The hospital defendants are entitled to summary judgment on
Wade's ERISA claim too. As the Court held earlier, this claim rises or falls
with her FMLA claim. NQ 26 at 7.
3. Having dismissed the federal claims, the Court declines to exercise
its supplemental jurisdiction over Wade's state law claim for wrongful
termination. 28 U.S.C. § 1367(c). This claim raises a novel issue: whether

violating a federal statute that has no state sibling violates state public policy.
The Court leaves this unsettled question to the Arkansas courts. Gregory v.
Dillard's, Inc., 565 F.3d 464,477 (8th Cir. 2009).

So Ordered.

D.P. Marshall Jr.
United States District Judge

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