Tello et al v. First American Title Insurance Company

Filing 39

ORDER granting 37 Notice of Withdrawal; withdrawing 35 Third Amended Complaint. The court declines to exercise supplemental jurisdiction over the remaining state law claims. This case is remanded to the New Hampshire Superior Court (Hillsborough Southern). So Ordered by Chief Judge Steven J. McAuliffe. (jab)

Tello et al v. First American Title Insurance Company

Doc. 39

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Brian McDonough, Melanie McDonough, and Anne N. Posnack, Tr., Plaintiffs v. First American Title Insurance Company, Defendants O R D E R Granted. Plaintiffs' notice of withdrawal (document no. 37) is treated as a motion to withdraw the third amended complaint, which motion is granted. As the sole federal claim is dismissed (Order dated January 28, 2011, document no. 34), the court declines to exercise supplemental jurisdiction over the remaining state law claims. See 28 U.S.C. § 1367 (c)(3); United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966) (footnote omitted); Camelio v. American Fed'n, 137 F.3d 666, 672 (1st Cir. 1998). This case is remanded to the New Hampshire Superior Court (Hillsborough Southern). SO ORDERED. ____________________________ Steven J. McAuliffe Chief Judge March 8, 2011 cc: Elizabeth T. Ferrick, Esq. Charles A. Newman, Esq. Edward K. O'Brien, Esq. Hannah F. Preston, Esq. Andru H. Volinsky, Esq. Case No. 10-cv-106-SM

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