Gallagher-McKee v. Lahey Clinic Hospital, Inc.
Judge Mark L. Wolf: ENDORSED ORDER entered. MEMORANDUM AND ORDER(Franklin, Yvonne)
DISTRICT OF MASSACHUSETTS
LAHEY CLINIC HOSPITAL,
MEMORANDUM AND ORDER
November 27, 2017
On November 2, 2017, the court ordered the parties to confer
by November 20,
whether this case should be
remanded to state court for lack of jurisdiction. See Docket No.
19 at 5.
"A court is duty-bound to notice, and act upon, defects
in its subject matter jurisdiction sua sponte." Spooner v.
644 F.3d 62,
2011). When the court notices a
jurisdiction has the burden of demonstrating [its] existence..."
2012) . The parties
did not respond to the November 2, 2017 Order. Therefore, neither
party is now asserting that jurisdiction exists.
As explained in the November 2,
the Amended Complaint
2017 Memorandum and Order,
only negligent misrepresentation
jurisdiction over that claim, pursuant to 28 U.S.C. §1367, because
doing so would not
"serve the interests of
economy, convenience, and comity." Wilber v. Curtis, 872 F. 3d 15,
2017} ("In the usual case in which all federal-law
claims are eliminated before trial, the balance of factors... will
point toward declining to exercise jurisdiction over the remaining
federal question jurisdiction under 28 U.S.C. §1331 because there
is no showing that the claim raises an issue of federal law that
is "substantial," or "important to the federal system as a whole."
Municipality of Mayaguez v. CPDO, 726 F. 3d 8, 14 (1st Cir. 2013).
Moreover, there is no showing that jurisdiction could be exercised
federal and state judicial responsibilities." Anversa v. Partners
Healthcare Sys. Inc., 835 F. 3d 167, 175 (1st Cir. 2016).
Accordingly, it is hereby ORDERED that this case is REMANDED
to the Massachusetts Superior Court.
UNITED STATES DISTRICT JUDGE
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