Robinson v. Meeks et al

Filing 76

Memorandum Opinion and Order re 71 Motion for Default Judgment: The Court declines to exercise supplemental jurisdiction over the remaining state law claim, having dismissed all claims over which the Court had original jurisdiction. Because th e Court declines to exercise supplemental jurisdiction, the Court VACATES the Clerk's entry of default and DISMISSES without prejudice Plaintiff Robinson's claim against Defendant Taylor Bail Bonds. (Ordered by Judge Ed Kinkeade on 6/14/2018) (rekc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DEANNA J. ROBINSON,
Plaintiff,
v.
SHERIFF RANDY MEEKS, in his
Individual and official capacities;
DEPUTY JOSH ROBINSON,
DEPUTY WILLIAM WHITTEN,
GINA LOPEZ, JANA CAMPBELL,
OFFICER DANIEL CATALAN,
INVESTIGATOR MICHELLE
HUGHES a/k/a MICHELLE
LOOPER, INVESTIGATOR
JAY BORTON, each in their
Individual capacity; HUNT COUNTY;
and TAYLOR BAIL BONDS,
Defendants.

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Civil Action No. 3:17-CV-606-K

MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff’s Motion for Default Judgment and Request for
Hearing on Damages Against Defendant Taylor Bail Bonds (Doc. No. 71). After
carefully considering the motion, the record, and the applicable law, the Court
declines to exercise supplemental jurisdiction over the remaining state law claim,
having dismissed all claims over which the Court had original jurisdiction. See 28
U.S.C. § 1367(c)(3); see also Batiste v. Island Records Inc., 179 F.3d 217, 227 (5th Cir.
1999). Under 28 U.S.C. § 1367(d), the statute of limitations with respect to the state

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law claim is tolled for a period of thirty days after dismissal, unless state law provides
for a longer tolling period. Because the Court declines to exercise supplemental
jurisdiction, the Court VACATES the Clerk’s entry of default and DISMISSES
without prejudice Plaintiff Robinson’s claim against Defendant Taylor Bail Bonds.
SO ORDERED.
Signed June 14th, 2018.

____________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE

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