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)
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
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