Taylor vs Jewish Hospital & St. Mary's Healthcare, Inc. et al.

Filing 51

MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 8/1/2014; re 50 MOTION to Remand filed by Renetta L. Taylor. The Court will grant the motion to remand. A separate order will be entered in accordance with this opinion. cc:counsel (DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
RENETTA L. TAYLOR

PLAINTIFF

v.

CIVIL ACTION NO. 3:13-CV-00361-CRS

JEWISH HOSPITAL & ST. MARY’S
HEALTHCARE, INC., ET AL.

DEFENDANT

MEMORANDUM OPINION

This matter is before the Court on an unopposed motion to remand (DN 50) filed by
Plaintiff Renetta L. Taylor (“Plaintiff”) against Defendants Jewish Hospital and St. Mary’s
Healthcare, Inc. (“Jewish”), and University Medical Center (“UMC”) (collectively
“Defendants”). For the reasons set forth below, the Court will grant the motion to remand.
DISCUSSION
On June 11, 2014, we granted summary judgment in favor of Defendants on all of
Plaintiff’s claims except for her state-law medical negligence claim against Jewish. On June 17,
2014, Plaintiff moved to remand the action to Jefferson County Circuit Court on the grounds that
the exercise of supplemental jurisdiction was no longer appropriate under 28 U.S.C. §
1367(c)(3), which provides that a district court “may decline to exercise supplemental
jurisdiction over a claim… if the district court has dismissed all claims over which it has original
jurisdiction.” In Musson Theatrical, Inc. v. Fed. Exp. Corp., the Sixth Circuit explained that
“When all federal claims are dismissed before trial, the balance of considerations usually will

point to dismissing the state law claims, or remanding them to state court if the action was
removed,” unless “some prejudice” will arise “from relegating the case for trial in the state
court.” 89 F.3d 1244, 1254–55 (6th Cir. 1996) amended on denial of reh'g, 95-5120, 1998 WL
117980 (6th Cir. Jan. 15, 1998). Because Plaintiff’s federal and state law claims “are
conceptually distinct, and resolution of one does not affect resolution of the other,” Green v.
Nicholas Cnty. Sch. Dist., 756 F. Supp. 2d 828, 834 (E.D. Ky. 2010) (quoting Fed. Exp. Corp.,
89 F.3d at 1256), we will decline to exercise supplemental jurisdiction over Plaintiff’s state-law
medical negligence claim. Accordingly, the Court will grant the motion to remand.
A separate order will be entered in accordance with this opinion.

C al R Smpo I , ei J d e
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August 1, 2014