Moore v. Louisiana et al
Filing 44
MEMORANDUM RULING: The court finds the Plaintiff's 32 Motion to Remand, or in the Alternative, Motion for Reconsideration or Motion for New Trial should be GRANTED, the court's prior Judgment will be partially vacated and all state law c laims in this case will be remanded to the 9th JDC, Rapides Parish. It is the conclusion of the court, while we do not lack jurisdiction to hear Plaintiff's pendent Louisiana law claims, the statutory and common law factors, as well as circuit j urisprudence, instruct this court should have remanded this case once it dismissed all federal law claims. While this court does not shy away from adjudicating matters, we believe this case fails to present exceptional circumstance which would justif y our retention of Plaintiff's pendent claims, making remand the appropriate remedy. Thus, we find Plaintiff has met the burden of proof required under FRCP 59(e). The court will issue an amended judgment in conformity with these findings. Signed by Judge James T Trimble, Jr on 12/4/2014. (crt,Putch, A)
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