Hernandez v. City of Albuquerque et al

Filing 326

ORDER by District Judge Kenneth J. Gonzales granting 322 Unopposed Motion to Remand to State Court. (tah)

Case 1:14-cv-00964-KG-SCY Document 326 Filed 01/26/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ALFONSO HERNANDEZ,
Plaintiff,
v.

CIV 14-0964 KG/SCY

ANDY FITZGERALD,
Defendant.
ORDER TO REMAND
This matter comes before the Court upon Plaintiff’s Motion and Memorandum in Support
of Motion to Remand to State Court, filed January 20, 2021. (Doc. 322). Defendant filed a
notice on January 25, 2021, (Doc. 325) notifying the Court and opposing counsel that he does
not oppose a remand to state court.
Under 28 U.S.C. § 1367(c)(3), a district court has the discretion to decline to exercise
supplemental jurisdiction over state claims if “the district court has dismissed all claims over
which it has original jurisdiction.” The Tenth Circuit has “generally held that if federal claims
are dismissed before trial, leaving only issues of state law, the federal court should decline the
exercise of [supplemental] jurisdiction….” Brooks v. Gaenzle, 614 F.3d 1213, 1229 (10th Cir.
2010). “Notions of comity and federalism demand that a state court try its own lawsuits, absent
compelling reasons to the contrary.” Thatcher Enterprises v. Cache Cnty. Corp., 902 F.2d 1472,
1478 (10th Cir. 1990). Moreover, the interests of judicial economy, convenience, fairness, and
comity would not be served by retaining supplemental jurisdiction over the state claims brought
under the New Mexico Tort Claims Act, the remaining claims in this lawsuit. Id. Taking into
consideration those factors, and following Tenth Circuit precedent, the Court declines to exercise

Case 1:14-cv-00964-KG-SCY Document 326 Filed 01/26/21 Page 2 of 2

supplemental jurisdiction over Plaintiff’s claims brought under the New Mexico Tort Claims
Act.
THEREFORE, IT IS ORDERED that this lawsuit is remanded to the Second Judicial
District Court, County of Bernalillo, State of New Mexico.

_______________________________
UNITED STATES DISTRICT JUDGE

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