The Huntington National Bank, a national banking corporation v. Lancaster Holdings, LLC, a Michigan limited liability company et al

Filing 13

ORDER remanding remaining state law claims to Oakland County Circuit Court. Signed by District Judge Terrence G. Berg. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE HUNTINGTON NATIONAL BANK,
Plaintiff,
Case No. 18-11020
Hon. Terrence G. Berg

v.
LANCASTER HOLDINGS,
LLC, et al.,
Defendants.

ORDER REMANDING REMAINING STATE LAW
CLAIMS TO OAKLAND COUNTY CIRCUIT COURT
On May 29, 2018 parties stipulated to dismissal of all claims
against the United States of America in this mortgage foreclosure
case. Dkt. 12. Per that stipulation the only remaining claims are
state law claims against Defendants other than the United States.
Dkt. 12 at Pg ID 77.
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.” Musson Theatrical, Inc. v. Fed. Exp. Corp., 89 F.3d 1244,
1254–1255 (6th Cir.1996); see also 28 U.S.C. § 1367(c)(3) (stating

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that a district court may decline to exercise supplemental jurisdiction if it has “dismissed all claims over which it ha[d] original jurisdiction”).
There are circumstances where a district court should retain
supplemental jurisdiction even if all of the underlying federal
claims have been dismissed: for example, if a party appears to be
engaging in forum manipulation by dismissing a federal law
claim, parties have completed discovery, and/or where dispositive
motions are ripe for review. See Harper v. AutoAlliance Intern.,
Inc., 392 F.3d 195 (6th Cir.2004)(finding all these factors weighed
in favor of retaining supplemental jurisdiction).
Because none of these factors are present here, and the parties
have stipulated that the only remaining claims arise from state
law, the court will REMAND this action to the Oakland County
Circuit Court.
SO ORDERED.

Dated: June 14, 2018

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

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Certificate of Service
I hereby certify that this Order was electronically filed,
and the parties and/or counsel of record were served on June 14,
2018.
s/A. Chubb
Case Manager

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