Stanley v. Historic Newark Basket, LLC

Filing 91

ORDER DISMISSING CASE without prejudice. Signed by Judge Edmund A. Sargus on 6/5/2024. (cmw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
BRYAN STANLEY,
Plaintiff,
v.

Case No. 2:22-cv-1783
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Chelsey M. Vascura

HISTORIC NEWARK BASKET, LLC,
Defendant.
ORDER
This matter is before the Court regarding the Parties’ stipulation of dismissal on June 5,
2024. (ECF No. 90.) In light of unforeseen trial testimony, the Court re-raised its concerns
regarding subject matter jurisdiction over this case. (Order, ECF No. 58, at PageID # 763–74.)
Defendant then orally moved to dismiss this case for lack of subject matter jurisdiction. The
Parties have opted for the prudent approach by stipulating to dismissing this case without prejudice
and refiling it in State Court, where subject matter jurisdiction will not be in dispute. Each Party
agreed to bear their own costs. Because the Parties have stipulated to dismissing this case without
prejudice and refiling it in State Court, the Court DENIES as moot Defendant’s oral motion to
dismiss.
It is unfortunate to change jurisdictions this late in a case, but proceeding in State Court is
well advised under the circumstances. The Parties have already completed discovery and motion
practice, and this case is ready for trial in State Court.

Accordingly, this case is DISMISSED without prejudice. The Clerk is DIRECTED to
close this case.
IT IS SO ORDERED.
6/5/2024
DATE

s/Edmund A. Sargus, Jr.
EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE