Vox Marketing Group v. Prodigy Promos et al

Filing 275

ORDER REMANDING STATE LAW CLAIMS AND STAYING FEDERAL ACTION. This action shall be stayed pending resolution of the parties' state lawclaims. Signed by Judge Howard C. Nielson, Jr on 9/8/2021. (jwt)

Case 2:18-cv-00632-HCN-JCB Document 275 Filed 09/08/21 PageID.14614 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
VOX MARKETING GROUP,
Plaintiff,

ORDER REMANDING
STATE LAW CLAIMS
AND STAYING
FEDERAL ACTION

vs.
Case No. 2:18-cv-632
PRODIGY PROMOS, et al.,
Defendants.

Howard C. Nielson, Jr.
United States District Judge

The court declined to exercise supplemental jurisdiction over the state law claims asserted
by the parties in this action. See Dkt. No. 273 at 12–15. The parties now request that the court
sever those claims from the single federal claim at issue in this federal action, remand the state
law claims to state court, and stay the federal action pending resolution of the state law claims in
state court. See Dkt. No. 274. The court accordingly severs from this action Counts One, Three,
and Four of the second amended complaint (Dkt. No. 2-4) and all of Defendant’s counterclaims
as well as its third-party claim (Dkt. No. 2-7) and remands those claims to the Fourth Judicial
District Court, Utah County. Cf. Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357 (1988); 28
U.S.C. §1441(c)(2). This action shall be stayed pending resolution of the parties’ state law
claims. See Pet Milk Co. v. Ritter, 323 F.2d 586, 588 (10th Cir. 1963).
IT IS SO ORDERED.
DATED this 8th day of September, 2021.
BY THE COURT:

Howard C. Nielson, Jr.
United States District Judge