Akoma v. University of Arkansas for Medical Sciences et al
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
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
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
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
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)
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