Stambaugh v. Grzegorek

Filing 50

OPINION AND ORDER: The 43 Motion to Dismiss is GRANTED. The federal claims against Beacon are DISMISSED WITH PREJUDICE and the state law claims are DISMISSED WITHOUT PREJUDICE. ***Civil Case Terminated. Signed by Judge Rudy Lozano on 6/2/15. (jld)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
JOSEPH STAMBAUGH,
Plaintiff,
v.
ST. JOSEPH COUNTY
SHERIFF MIKE GRZEGOREK,
et al.,
Defendants.

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CAUSE NO. 3:14 CV 582

OPINION AND ORDER
This matter is before the Court on the Defendant Beacon’s
Motion to Dismiss, filed by Defendant, Beacon Health Ventures, Inc.
d/b/a

Memorial

Home

Care,

Inc.

a/k/a

Memorial

Home

(hereinafter “Beacon”), on April 29, 2015 (DE #43).

Care

For the

reasons set forth below, the motion (DE #43) is GRANTED.

The

federal claims against Beacon are DISMISSED WITH PREJUDICE and the
state law claims are DISMISSED WITHOUT PREJUDICE.

The Clerk is

ORDERED to CLOSE this case.

BACKGROUND
The facts of this case are largely set forth in this Court’s
recent opinion and order dated April 29, 2015, and need not be gone
through again.

Defendant Beacon filed the instant motion to

dismiss on April 29, 2015 (DE #43), arguing Beacon cannot be held

liable for the actions of John/Jane Does who were not identified as
parties or served with process, and cannot be held liable under the
doctrine of respondeat superior for claims under 42 U.S.C. § 1983.
In response, Plaintiff stated it “will not be proceeding further as
to claims against individual employees of Beacon who identified as
John/Jane Doe” and “Plaintiff will not be proceeding with any
constitutional claims against Defendant Beacon” and “Plaintiff
similarly will not be proceeding further with any claims for
constitutional violations by any “John/Jane Doe” employees of
Beacon.”

(DE #47, p. 4.)

In reply, Beacon requests that because

the federal claims have been abandoned, dismissal is warranted, and
the state law claim for medical malpractice should be dismissed
without prejudice.

(DE #49.)

DISCUSSION
Beacon

is

the

only

remaining

defendant,

as

this

Court

previously granted the motion to dismiss the claims against the
John/Jane

Doe

Defendants

Grzegorek (DE #42).

and

St.

Joseph

County

Sheriff

Mike

Plaintiff has now expressly waived and

abandoned its federal claims against Beacon.

(DE #47, p. 4.)

Plaintiff concedes that this Court could exercise supplemental
jurisdiction over state law claims, “[h]owever, should the Court
not exercise its jurisdiction on the Plaintiff’s remaining state
tort respondeat superior claim against Beacon, the claim should be

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dismissed without prejudice, so that the Plaintiff may refile his
state tort claim in state court.”

(DE #47, p. 6.)

Upon due consideration, the state law claims are DISMISSED
WITHOUT PREJUDICE because the federal claims have been dismissed
prior to trial.

28 U.S.C. § 1367(c)(3); Groce, 193 F.3d at 501

(“[I]t is the well-established law of this circuit that the usual
practice is to dismiss without prejudice state supplemental claims
whenever all federal claims have been dismissed prior to trial.”).

BACKGROUND
For the reasons set forth below, the motion to dismiss (DE
#43) is GRANTED.

The federal claims against Beacon are DISMISSED

WITH PREJUDICE and the state law claims are DISMISSED WITHOUT
PREJUDICE.

DATED:

The Clerk is ORDERED to CLOSE this case.

June 2, 2015

/s/ RUDY LOZANO, Judge
United States District Court

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