Smith et al v. Smith et al

Filing 10

ORDER granting 7 Motion to Remand to State Court. Signed by Judge Mary Ann Vial Lemmon on 4/17/12. (Attachments: # 1 Remand Letter) (ala, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: SMITTY’S SUPPLY, INC.,
ET AL.

CIVIL ACTION
NO: 12-961
SECTION: "S" (2)

ORDER AND REASONS
IT IS HEREBY ORDERED that the Motion to Remand filed by plaintiffs, David A. Smith,
George D. Smith, Mitchell S. Smith, Big 4 Trucking, Inc., Big 4 Classic Cars, LLC, Big 4
Investments, LLC and Smitty’s Supply, Inc. (Doc. #7), is GRANTED, and this matter is hereby
remanded to the Twenty-First Judicial District Court, Parish of Tangipahoa, State of Louisiana.
Plaintiffs filed this action that arises out of a dispute involving a family-run business in the
Twenty-First Judicial District Court, Parish of Tangipahoa, State of Louisiana alleging that they are
entitled to health insurance benefits under Smitty’s Supply, Inc.’s benefits plan, and various other
state-law causes of action. Defendant, Edgar Ray Smith, III removed the action to the United States
District Court for the Eastern District of Louisiana alleging federal question subject matter
jurisdiction under 28 U.S.C. § 1331, because the health insurance plan is allegedly governed by the
Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.. Plaintiffs filed a motion to
remand in which they withdrew their claims regarding the health insurance benefits, leaving only
state-law causes of action.

Because plaintiffs’ federal claims have been dismissed, the court declines to exercise
supplemental jurisdiction over their state law claims. See 28 U.S.C. § 1367(c)(3) (“The district
courts may decline to exercise supplemental jurisdiction over a claim ... if ... the district court has
dismissed all claims over which it has original jurisdiction.”); see also Bass v. Parkwood Hospital,
180 F.3d 234, 246 (5th Cir.1999) (“When a court dismisses all federal claims before trial, the
general rule is to dismiss any pendent claims.”). Therefore, this action is REMANDED to the
Twenty-First Judicial District Court, Parish of Tangipahoa, State of Louisiana.

17th
New Orleans, Louisiana, this _____ day of April, 2012.

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

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