Ball v. MTV Networks on Campus Inc. et al

Filing 139

DECISION AND ORDER denying 125 Motion for Reconsideration ; denying 135 Motion for Reconsideration. Signed by Senior Judge Thomas J. McAvoy on 6/30/11. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MALCOLMB BALL,
Plaintiff,
v.

7:08-cv-0944

MTV NETWORKS ON CAMPUS, INC., et al.,
Defendants.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge
DECISION and ORDER
Defendants/Third-Party Plaintiffs MTV and Live Nation move for reconsideration of
that portion of the Court’s prior Decision and Order that dismissed their third-party claim as
moot. Assuming, arguendo, the third-party claims are not moot, the motion is, nevertheless,
denied because the Court has dismissed all claims over which it had original jurisdiction,
there is no independent basis for subject matter jurisdiction over the third-party claims,1 and
the Court declines to exercise supplemental jurisdiction. See 28 U.S.C. § 1367(c); Machat v.
Sklar, 1997 WL 599384 (S.D.N.Y. 1997) (declining to exercise supplemental jurisdiction over
third-party indemnification claims after the primary action had been dismissed).
Accordingly, the motion for reconsideration (Dkt. No. 125) and the cross-motion for
reconsideration (Dkt. No. 135) are DENIED.

1

The Third-Party C om plaint alleges that Third-Party Plaintiffs m aintain a principal place of
business w ithin the State of N ew York and that Third-Party D efendant Student G overnm ent Association
of Potsdam m aintains a principal place of business in the State of N ew York. As such, there is not
com plete diversity of citizenship.

IT IS SO ORDERED.
Dated:June 30, 2011

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