Peterson v. Smith

Filing 62

ORDER denying Defendant's motions, as follows: 57 Motion for Judgment on the Pleadings, 59 Motion for Judgment on the Pleadings, and denying 61 Motion for Judgment on the Pleadings; and directing the Clerk to close this case. Signed by Judge J. Randal Hall on 1/13/2015. (jah)

IN THE

UNITED

STATES DISTRICT

COURT

FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

CHARLES PETERSON, d/b/a

*

Desert Sounds Records,

*

Plaintiff,
vs.

*

ERIC D. SMITH,

d/b/a World

CV 113-119

*

Records Productions and d/b/a *
Smidi Beats Market Records,
*
*

Defendant.

*

ORDER

Before the Court are Defendant's "pleas for a ruling on
counterclaim CV 113-119."

reasons

stated

herein,

motions,

(Docs.

nos.

57,

pleas,

For the

are DENIED.

On July 22, 2013,

Defendant's

59 & 61.)

construed

as

Plaintiff, proceeding pro se, filed a

music copyright infringement action in this Court. Defendant,
also

proceeding

"unpaid

pro

production

September 18, 2014,
(Doc.

no.

55.)

se,

brought

invoices

a

counterclaim

totaling

$36,700."

alleging

(Id.)

On

the Court dismissed Plaintiff's claims.

Soon thereafter,

Defendant filed motions for

the Court to rule on his counterclaims.

(Docs.

nos.

57,

59 &

61.)

The

Court

had

original

jurisdiction

over

Plaintiff's

copyright infringement claims because those claims presented
federal

questions

Defendant's

under

state

law

17

U.S.C.

§

counterclaims

501.

was

Jurisdiction over

proper

under

the

doctrine of supplemental or pendant jurisdiction. See Parker
v. Scrap Metal Processors,

Inc.,

468 F.3d 733,

742 (11th Cir.

2006)(citing 28 U.S.C. § 1367). A district court may exercise
supplemental jurisdiction over all state claims which arise

out of a common nucleus of operative fact with a substantial
federal claim.

Id. However,

a court has discretion to decline

to exercise the supplemental jurisdiction that
certain

state

law claims

when the court dismisses

over which it has original jurisdiction.
Here,

declines
state

exercise

is

jurisdiction over

counterclaims.

Defendant's motions
Clerk

all

claims

Id.

(docs.

IT

nos.

directed to CLOSE this

Defendant's

IS

THEREFORE

57,

59 & 61)

related

ORDERED

are DENIED.

that

The

case.

ORDER ENTERED at Augusta, Georgia, this
January,

has over

the Court dismissed Plaintiff's federal claims and

to

law

it

f3r~ day of

2015.

indal

Hall

id/States District Judge
iern District of Georgia