Bonogofsky v. Big Horn County Sheriff's Department et al

Filing 67

ORDER Granting 63 MOTION to Transfer or Remand Case to State Court filed by Randy Bonogofsky. Case Remanded to Big Horn County State Court. Jury Trial scheduled for 10/4/2010 Vacated. Signed by Judge Richard F. Cebull on 8/23/2010. (EMA)

Bonogofsky v. Big Horn County Sheriff's Department et al

Doc. 67

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF MONTANA B I L L I N G S DIVISION R A N D Y BONOGOFSKY, P la intiff, v. B I G HORN COUNTY SHERIFF'S D E P A R T M E N T , AND JOHN DOES 1 -4 9 , D e fe nd a nts . ___________________________________ ) ) ) ) ) ) ) ) ) ) ) )

Cause No. CV-08-32-BLG-RFC

ORDER R E M A N D I N G CASE

P la intiff has filed a Motion to Transfer or Remand to State Court. Defendants o p p o s e said Motion. General Federal Court jurisdiction is conferred under 28 U.S.C. § 1331, which p ro vid e s that Federal District Courts have jurisdiction over all civil matter arising und e r the laws of the United States. In its Order of June 1, 2010, this Court granted D e fe nd a nts ' Summary Judgment on Plaintiff's claimed civil rights violation under 42 U .S .C . § 1983. This federal statute was the basis upon which Defendants removed the case from State District Court, where it had originally been filed.

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Dockets.Justia.com

It is generally within a district court's discretion either to retain jurisdiction to a d jud ic a te the pendent state claims or to remand them to state court. See Price v. PS A , Inc., 829 F.2d 871, 876 (9th Cir.1987), cert. denied, 486 U.S. 1006, 108 S.Ct. 1 7 3 2 , 100 L.Ed.2d 196 (1988); Survival Systems v. U.S. District Court, 825 F.2d 1 4 1 6 , 1419 (9th Cir.1987), cert. denied, 484 U.S. 1042, 108 S.Ct. 774, 98 L.Ed.2d 8 6 1 (1988). It is generally preferable for a district court to remand remaining pendent c la ims to state court. Harrell v. Twentieth Century Insurance Company, 934 F.2d 2 0 3 , 205 (9th Cir. 1991). The Court must consider whether a remand will "best a c c o mmo d a te the values of economy, convenience, fairness, and comity." Id. T his Court finds that economy, convenience, fairness and comity weigh in fa vo r of remand. Most of the witnesses in this case reside in Big Horn County, M o nta na . The cost of litigating this case in State District Court will be substantially le s s and will be more efficient and convenient for the parties. Therefore, IT IS H E R E B Y ORDERED that Plaintiff's Motion to Transfer or Remand [doc. 64] is G R A N T E D . Trial is this matter, set for October 4, 2010, is VACATED. This case is remanded back to Big Horn County State District Court. DATED this 23rd day of August, 2010. /s / Richard F. Cebull___________ R IC H A R D F. CEBULL U .S . DISTRICT COURT JUDGE
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