Merchants Credit Bureau, Inc. v. Morris

Filing 22

ORDER granting the parties' 21 Joint Response to Show Cause Order and Motion to Remand; and remanding this case to the Superior Court of Columbia County, Georgia. Signed by Judge J. Randal Hall on 1/4/2017. (jah)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

MERCHANTS CREDIT BUREAU,

INC.,

*

As Assignee of AP Surgery

*

Center,

*

Plaintiff,

*

CV 115-124

*

v.

*

JONATHAN MORRIS,

*

Defendant.

*

ORDER

Presently
to

before

the

Court

is

the

parties'

Show Cause Order and Motion to Remand.

motion

to

remand,

dismissal

of

eliminated

all

further

parties

third-party
federal

stipulate

principle

the

that

which may

stipulate

defendant

law

claims

they

require

(Doc.

Response

20.)

In their

that

this

Court's

Blue

in

have

Joint

Cross

Blue

Shield

this

case.

The

parties

reached

post-judgment

a

settlement

action by

in

Plaintiff.

The Court must now determine if remand is proper.

28

U.S.C.

§

1367(c)(3)

provides

that

"district

courts

may

decline to exercise supplemental jurisdiction over a claim . . .
if

.

.

. the

district

it has original

"encourage[s]

court

has

jurisdiction."

districts

to

dismissed all

Moreover,

dismiss

any

the

claims

over which

Eleventh Circuit

remaining

state

claims

when,

as here,

trial."
Cir.

the federal claims have been dismissed prior to

Raney v. Allstate Ins.

2004) .

Because

this

Court

Co.,
has

370

F.3d 1086,

dismissed

all

1089

(11th

federal

law

claims by virtue of dismissing Blue Cross Blue Shield as a party
to this litigation,

it GRANTS the parties'

REMANDS

to

this

case

the

Superior

Court

request
of

(doc. 20) and

Columbia

County,

Georgia.

ORDER ENTERED
January,

at

Augusta,

Georgia,

this

/^ day of

2017.

\J.

RANDAL HALL

UNITED STATES DISTRICT JUDGE
SQUTHE^KDISTRICT OF GEORGIA