DRUMM v. BEAVER AREA SCHOOL DISTRICT et al

Filing 24

ORDER. Plaintiff's unopposed Motion (Doc. 23) to remand is construed as one for the Court to decline to exercise supplemental jurisdiction, and it is GRANTED. It is ORDERED that this case is REMANDED FORTHWITH to the Court of Pleas of Beaver County, Pennsylvania (Civ. No. 11687-2023). Signed by Judge Cathy Bissoon on 3/7/2025. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SHYLER DRUMM,
Plaintiff,
v.
BEAVER AREA SCHOOL
DISTRICT, et al.,
Defendants.

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2:24-cv-00438-CB-MPK
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

ORDER
Plaintiff has filed an unopposed Motion (Doc. 23) to remand this case to state court.
Given Plaintiff’s election not to file an amended complaint, there remains no basis for an
exercise of federal jurisdiction. The Court agrees with Plaintiff, moreover, that there are no
extraordinary circumstances warranting an exercise of supplemental jurisdiction. See Robert W.
Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129, 135 (3d Cir. 2019). Thus, Plaintiff’s Motion
(Doc. 23) is construed as one for the Court to decline to exercise supplemental jurisdiction,
and it is GRANTED.
In a case removed from state court, there is a presumption in favor of remand when the
federal issues are dismissed. Dirauf v. Berger, 57 F.4th 101, 108 (3d Cir. 2022) (collecting
cases). Therefore, it is ORDERED that this case is REMANDED FORTHWITH to the Court
of Pleas of Beaver County, Pennsylvania (Civ. No. 11687-2023).
IT IS SO ORDERED.

March 7, 2025

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

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