Spreadbury v. Bitterroot Public Library et al

Filing 38

MOTION to Remand by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Telephone: [phone]
[e-mail]

Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL SPREADBURY
Plaintiff

)

Cause No:

CV-11-61-M~DWM

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v.

)

BITTERROOT PUBLIC LIBRARY,

)

MOTION, BRIEF IN

CITY OF HAMILTON,

)

SUPPORT TO REMAND

LEE ENTERPRISES, INC.,

)

PENDANT STATE CLAIMS

BOONE KARLBERG, PC,

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Comes now the Plaintiff with motion to remand pendant state claims to state court
with original jurisdiction in this cause of action.
Motion:
Spreadbury moves court remands pendant state claim for Intentional Infliction of
Emotional Distress, Negligent Infliction of Emotional Distress to state court.

Motion, Brief in Support to Remand State Claims

Cause 9:2011-CV-11-61-M-DWM

May 14,2011

Defense oppose this motion.
Brief in Support:
The statute used with respect to remand is 28 USC§ 1441(c). A portion of that
statute is the district court" ...may remand all matters not otherwise in its
jurisdiction." This court, if granting the motion to remand pendant state issue of
NIED, lIED to original jurisdiction in 21 st Montana District Court would allow
Spreadbury to amend complaint to remove those state issues, and continue with
federal jurisdiction Carnegie-Mellon Univ. v. Cohill 484 US at 346 (1988).
In Carnegie-Mellon, the court decided after reviewing appellate court decisions to
remand the independent non-removable claims as Spreadbury's ED pendant state
claim Carnegie-Mellon at 354.
Court precedent allows remand of independent claims to original jurisdiction. The
US District Court does not have jurisdiction over pendant state claims, and
Spreadbury asks court allowance to amend complaint to remove pendant state
claim of lIED, NIED to remand to state court.

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Motion, Brief in Support to Remand State Claims Cause 9:2011-CV-11-61-M-OWM

May 14, 2011

Certificate of Compliance
From LR 7(d)(2XE) US District Court Rules Montana, I certify that this brief
conforms with 14 point font, New Times Roman typeface, is double spaced,
contains 147 words excluding title page, this compliance.

Respectfully submitted this

BY:

11

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Michael E. Spreadbury, Pro Se

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Certificate of Service
Cause No. CV-II-0064-DWM
I certify as Plaintiff in this action, a copy of the below named motion was served
upon the US District Court Missoula Division and all opposing counsel for parties
in this above named cause of action by first class mail. The following addresses
were used for service:
Motion, Briefin Support to Remand Pendant State Claims
Combined Response to Defendant Answer Boone Karlberg, City ofHamilton,
Public Library

Russell Smith Federal Courthouse
Clerk of Court
200 E. Broadway
Missoula, MT 59803

Defendant Counsel:

Plaintiff Counsel:

William L. Crowley

Michael E. Spreadbury

Boone Karlberg PC

POBox 416

POBox 9199

Hamilton, MT 59840

Missoula MT 59807

(self-represented)

Jeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
POBox 7909
Missoula MT 59807

Dated _ _ _5.114/11 _ _ __

Michael E. Spreadbury, Pro Se Plaintiff