Hamilton v. Stodola et al

Filing 101

ORDER granting in part and denying in part without prejudice 45 City Defendants' motion for summary judgment; granting in part and denying in part without prejudice 49 , 53 Ditech's and Clean Sweep's motions for summary judgment; denying without prejudice as moot 87 motion to strike Ditech's reply; denying 93 motion to strike Clean Sweep's reply; dismissing with prejudice all claims brought under the U.S. Constitution; declining to exercise supplemental jurisdiction over all the remaining claims; and remanding what remains of this removed case to the Circuit Court of Pulaski County, Arkansas. Signed by Judge D. P. Marshall Jr. on 2/16/2018. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LARRY HAMILTON
v.

PLAINTIFF
No. 4:16-cv-756-DPM

MARK STODOLA, in his official capacity as
Mayor of the City of Little Rock, Arkansas; CITY
OF LITTLE ROCK; BRITTANY GODFREY;
MITCHEL JACKSON; DITECH FINANCIAL LLC;
GREEN TREE SERVICING LLC; KAMAL ELLIS;
and CLEAN SWEEP MANAGEMENT LLC
DEFENDANTS
ORDER
1.

For the reasons stated on the record at the end of the hearing

today, the Court made the following rulings on the pending motions:
• The City Defendants' motion for summary judgment, NQ 45,
is partly granted and partly denied without prejudice;
• Ditech's and Clean Sweep's motions, NQ 49 & NQ 53, are
partly granted and partly denied without prejudice;
• The motion to strike Ditech's reply, NQ 87, is denied without
prejudice as moot; and
• The motion to strike Clean Sweep' s reply, NQ 93, is denied.
2.

All claims brought under the U.S. Constitution are

dismissed with prejudice. The Court declines to exercise supplemental

jurisdiction over all the remaining claims, which raise only matters of
Arkansas law. 28U.S.C.§1367(c)(3).
3.

The Court exercises its discretion and, rather than

dismissing without prejudice, remands what remains of this removed
case to the Circuit Court of Pulaski County, Arkansas. Carnegie-Mellon

University v. Cohill, 484 U.S. 343 (1988).
So Ordered.

D .P. Marshall Jr.
United States District Judge

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