Levert et al. v. Trump Ruffin Tower I, LLC

Filing 41

ORDER that the first and second claims under 29 U.S.C. § 201 et seq. are Dismissed with prejudice. Plaintiffs' 38 Motion to Remand to State Court is Granted and the third and fourth claims are Remanded to the Eighth Judicial District Court (Clark County, Nevada). Signed by Judge Robert C. Jones on 3/25/2015. (Copies have been distributed pursuant to the NEF - certified copy of Docket Sheet and Order mailed to State Court - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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_____________________________________
MARKUS LEVERT et al.,

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Plaintiffs,
vs.
TRUMP RUFFIN TOWER I, LLC et al.,
Defendants.

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2:14-cv-01009-RCJ-CWH
ORDER

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Plaintiffs sued Defendants in state court, alleging violations of federal and state labor

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laws. Defendants removed. Plaintiffs amended. Defendants moved to dismiss the Amended

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Complaint. The Court dismissed the federal claims, with leave to amend within thirty days, and

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declined supplemental jurisdiction over the state law claims but did not sever and remand those

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claims at that time. Plaintiffs have not timely amended and have asked the Court to remand the

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state law claims. Defendants have responded by asking the Court to dismiss the entire case

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without prejudice, noting that the Court indicated it would do so if Plaintiffs failed to amend.

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Although the Court previously warned that failure to amend could result in dismissal

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without prejudice without further notice, Plaintiffs have now asked the Court to remand. There

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is no reason to dismiss and require Plaintiffs to refile the same case in state court. The Court

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dismisses the federal claims for failure to prosecute. See Fed. R. Civ. P. 41(b); Hells Canyon

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Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). The Court

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declines jurisdiction over the state law claims and remand them. See 28 U.S.C. § 1367(c)(3).
CONCLUSION

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IT IS HEREBY ORDERED that the first and second claims under 29 U.S.C. § 201 et seq.
are DISMISSED with prejudice.
IT IS FURTHER ORDERED that the Motion to Remand (ECF No. 38) is GRANTED,

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and the third and fourth claims are REMANDED to the Eighth Judicial District Court (Clark

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County, Nevada).

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IT IS SO ORDERED.
Dated: This 25thof March, 2015. 2015.
Dated this 6th day day of March,

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_____________________________________
ROBERT C. JONES
United States District Judge

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