Borison v. Cleveland Clinic Foundation et al

Filing 9

Memorandum of Opinion and Order: Defendants removed the above-captioned matter to this Court on the basis of federal question jurisdiction. At the time of removal, the complaint contained a claim for violation of "due process." Be cause jurisdiction existed at the time of removal, the Court denied plaintiff's motion to remand. Plaintiff has since amended his complaint. Upon review, the Court notes that the complaint does not raise any federal question. Plaintiff clarif ied in the amended complaint that his due process claim is asserted under O.R.C. §3701.351. The remaining claims are all asserted under Ohio common law. Because there are no federal questions or claims remaining in this case, the Court declines to exercise supplemental jurisdiction over plaintiff's state law claims. Accordingly, the matter is sua sponte remanded to state court. Judge Patricia A. Gaughan on 6/6/16. (LC,S)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Daniel I. Borison,
Plaintiff,
Vs.
The Cleveland Clinic Foundation,
et al.,
Defendants.

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CASE NO. 1:16 CV 1130
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

Defendants removed the above-captioned matter to this Court on the basis of federal
question jurisdiction. At the time of removal, the complaint contained a claim for violation of
“due process.” Because jurisdiction existed at the time of removal, the Court denied plaintiff’s
motion to remand. Plaintiff has since amended his complaint. Upon review, the Court notes that
the complaint does not raise any federal question. Plaintiff clarified in the amended complaint
that his due process claim is asserted under O.R.C. §3701.351. The remaining claims are all
asserted under Ohio common law.

1

Because there are no federal questions or claims remaining in this case,1 the Court
declines to exercise supplemental jurisdiction over plaintiff’s state law claims. Accordingly, the
matter is sua sponte remanded to state court.
IT IS SO ORDERED.

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge
Dated: 6/6/16

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Diversity jurisdiction also does not exist over this case.
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