McCune et al v. Washington County et al
MEMORANDUM DECISION and DISMISSAL ORDER granting 24 Motion to Dismiss claims under the Federal Constitution; granting 24 Motion to Remand. Signed by Judge Dee Benson on 5/3/2017. (blh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JESSIKA MCCUNE et al.,
MEMORANDUM DECISION &
WASHINGTON COUNTY et al.,
Case No. 2:15-CV-317-DB
District Judge Dee Benson
Plaintiffs filed a civil complaint in Utah’s Fifth Judicial District Court. Defendants
successfully removed his case to this Court. Plaintiffs now move the Court to dismiss all their
claims under the Federal Constitution, then remand their case--and its remaining state-law
claims--to the state district court.
Federal Rule of Civil Procedure 41(a)(2) allows the Court to dismiss claims "at the
plaintiff’s request." The Court has carefully reviewed Plaintiff’s motion and other materials on
the docket, including Defendants’ opposition motion. Defendants ask the Court to require
Plaintiffs to litigate claims they would as soon abandon for now.
Good cause appearing, IT IS HEREBY ORDERED that Plaintiffs’ motion to dismiss
their claims under the Federal Constitution is GRANTED. (See Docket Entry # 24.) The Court
will not force Plaintiffs to further litigate their federal claims.
With no federal issues remaining, the Court declines to exercise supplemental jurisdiction
over the remaining state-law claims. See 28 U.S.C.S. § 1367(c) (2017); Carlsbad Tech., Inc. v
HIF Bio, Inc., 536 U.S. 635, 849 (2009); Aguayo v AMCO Ins. Co., 59 F. Supp. 3d 1225, 1246
(D.N.M. 2014) (“[D]istrict courts should presume to decline jurisdiction over state claims when
federal claims no longer remain.”).
IT IS THEREFORE FURTHER ORDERED that this case is remanded to the state
court for any further proceedings.
This case is CLOSED.
DATED this 3rd day of May, 2017.
BY THE COURT:
JUDGE DEE BENSON
United States District Court
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