Byard v. Conry et al

Filing 90

ORDER granting 85 Defendants' motion to remand; and directing the Clerk of Court to remand this case to Cleburne County Circuit Court. Signed by Judge Brian S. Miller on 1/27/2025. (ajj)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION DAVID E. BYARD v. PLAINTIFF CASE NO. 4:23-CV-00190-BSM JOHN P. CONRY, et al. DEFENDANTS ORDER Defendants’ motion to remand [Doc. No. 85] is granted and this case is immediately remanded to the Cleburne County Circuit Court. This case was removed by defendants based on federal question jurisdiction. Notice of Removal ¶ 4, Doc. No. 1. Summary judgment was granted against plaintiff David Byard and the only remaining claims are John Conry and Williams Fisher’s state law counter-claims. See Order, Doc. No. 84; Counterclaim, Doc. No. 15. Thus, federal question jurisdiction no longer exists, the exercise of supplemental jurisdiction is declined, and remand is proper. See 28 U.S.C. §1367(c); 28 U.S.C. § 1332; Hunter v. Page Cnty., Iowa, 102 F.4th 853, 871 (8th Cir. 2024). IT IS SO ORDERED this 27th day of January, 2025. UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?