The Depot, Inc. et al v. Caring for Montanans, Inc. et al

Filing 71

ORDER DISMISSING CASE. This case is closed. Signed by Judge Dana L. Christensen on 10/23/2019. (ASG)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION FILED, OCT.2 3 2019 Clerk, U.S. District Gour District Of Montana Missoula CV 16-74-M-DLC THE DEPOT, INC., a Montana Corporation, UNION CLUB BAR, INC., a Montana Corporation, and TRAIL HEAD, INC., a Montana Corporation, on behalf of themselves and all those similarly situated, ORDER Plaintiffs, vs. CARING FOR MONTANANS, INC., F/K/A BLUE CROSS AND BLUE SHIELD OF MONTANA, INC., HEALTH CARE SERVICE CORP., and JOHN DOES I-X, Defendants. On February 7, 2019, the Ninth Circuit issued an opinion affirming in part and reversing in part this Court's Order of June 23, 2017. The Ninth Circuit remanded the case to this Court to determine whether it should retain jurisdiction over the Plaintiffs' state law claims. This case has been stayed pending disposition of the Defendants' petition for certiorari. Having considered the parties' briefs regarding supplemental jurisdiction, the Court now declines to -1- exercise supplemental jurisdiction over Plaintiffs' state law claims and dismisses this case. Because this Court had federal question jurisdiction over Plaintiffs' nowdismissed ERISA claims, it may exercise "supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution." 28 U.S.C. §1367(a). The Court "may decline to exercise supplemental jurisdiction" if "the district court has dismissed all claims over which it has original jurisdiction." 28 U.S.C. §1367(c)(3). This Court has broad discretion over whether to continue to exercise supplemental jurisdiction. Satey v. JPMorgan Chase & Co., 521 F.3d 1087, 1091 (9th Cir. 2008). The decision should rest on "principles of economy, convenience, fairness, and comity." Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357 (1988). The Court finds that these considerations weigh in favor of declining continuing jurisdiction. Although the Court is familiar with the facts giving rise to this case, the state court is, too. See Ibsen v. Caring/or Montanas, Inc., 371 P.3d 446 (Mont. 2016). And the present action has not gone beyond the pleading stage, suggesting that the factors of economy, convenience, and fairness are fairly neutral in this early phase of litigation. The final factor, comity, weighs strongly in favor -2- of dismissal because Plaintiffs' state-law claims are novel and complex, and they are most appropriately resolved by the state court in the first instance. Accordingly, IT IS ORDERED that this matter is DISMISSED. IT IS FURTHER ORDERED that the Clerk of Court shall close this case. DATED this 2.3ai, ay of October, 2019. d Dana L. Christensen, Chief Judge United States District Court -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?