Akoma v. University of Arkansas for Medical Sciences et al

Filing 16

ORDER REMANDING CASE TO STATE COURT. Signed by Honorable Robert T. Dawson on March 30, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

UGOCHUKWU E. AKOMA v. Case No. 2:08-CV-2136

PLAINTIFF

UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES; UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES AREA HEALTH EDUCATION CENTERS - AHEC FORT SMITH; MARK MENGEL; HOSEA LONG; AUDREY BRADLEY; JUDITH PETREE; BRENDA MORRIS ORDER

DEFENDANTS

Before the Court is Plaintiff's Motion to File an Amended Complaint and Remand (Doc. 11), Defendants' Response (Doc. 13), and Plaintiff's Reply (Doc. 14). Federal Rule of Civil Procedure 15(a)(1) allows a party to amend its pleading once as a matter of course before being served with a responsive pleading. Since Defendants have not filed a responsive pleading, it was

unnecessary to seek leave of the Court to amend. The original Court currently on has the jurisdiction basis of over Plaintiff's question

complaint

federal

jurisdiction, 28 U.S.C. § 1331, and supplemental jurisdiction, 28 U.S.C. § 1367. which this The amended complaint removes all claims over has original jurisdiction and renders

Court

supplemental jurisdiction the sole basis for subject matter jurisdiction. Considering the dearth of federal issues and the

AO72A (Rev. 8/82)

early stage of the proceedings, state court is the better venue for this case, notwithstanding Defendants' allegations that Plaintiff is forum shopping. Accordingly, the Court declines to exercise supplemental jurisdiction. Without subject matter

jurisdiction, remand is appropriate under 28 U.S.C. § 1447(c). Plaintiff's Motion (Doc. 11) is hereby GRANTED. The Clerk's Office is directed to docket Plaintiff's Amended Complaint and Remand to Sebastian County Circuit Court. No costs or fees are awarded. IT IS SO ORDERED this 30th day of March, 2009.

/s/ Robert T. Dawson Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)