Jackson/Hill Aviation, Inc. v. Town of Ocean Isle Beach et al

Filing 32

ORDER GRANTING: 12 Motion to Remand. This action is REMANDED to Brunswick County Superior Court. Signed by Chief Judge James C. Dever III on 4/10/2015. (O'Brien, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:15-CV-35-D
JACKSON/HILL AVIATION, INC.,
Plaintiff,

v.

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TOWN OF OCEAN ISLE BEACH, et al.,
Defendants.

ORDER

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On February 16, 2015, defendants removed this action based on one federal claim in
plaintiff's ten-count complaint. See [D.E. 1]. Plaintiff has dismissed the federal claim with
prejudice. See [D.E. 11]. Plaintiff asks the court to decline to exercise supplemental jurisdiction
over the remaining claims and to remand the action to Brunswick County Superior Court. See [D.E.
12, 13]. Defendants responded in opposition to the motion to remand. See [D.E. 20, 21].
The court has reviewed the record and the motion to remand under the governing standard.
See,~.

28 U.S.C. § 1367(c)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988);

United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966); ESAB Grp .. Inc. v. Zurich Ins.
PLC, 685 F.3d 376, 394 (4th Cir. 2012); Waybright v. Frederick Cnty., 528 F.3d 199,209 (4th Cir.
2008); Farlowv. WachoviaBankofN.C .. N.A., 259 F.3d 309,316-17 (4th Cir. 2001); Shanaghan
v. Cahill, 58 F.3d 106, 110 (4th Cir. 1995); Thompson v. Prince William Cnty., 753 F.2d 363, 365
(4th Cir. 1985). Plaintiff's motion to remand [D.E. 12] is GRANTED. This action is REMANDED
to Brunswick County Superior Court.
SO ORDERED.

This~

day of April2015.