Brocato et al v. Lynden Incorporated et al

Filing 30

ORDER granting 21 Plaintiffs' Motion to Voluntarily Dismiss Defendant Teamsters Local No. 313; dismissing Breach of Contract Claim Against Defendant Lynden Transport; granting 22 Plaintiffs' Motion to Remand all other claims to Pierce County Superior Court; signed by Judge Ronald B. Leighton.(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANTHONY BROCATO, et al.,

CASE NO. C14-5583 RBL

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Plaintiffs,
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ORDER GRANTING MOTIONS TO
DISMISS AND REMAND

v.
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LYNDEN INCORPORATED, et al.,
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Defendants.
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THIS MATTER is before the Court on the Plaintiffs’ motion to dismiss some of their

15 claims [Dkt. #21] and their motion to remand for lack of subject matter jurisdiction [Dkt. #22].
16 The Defendants removed this matter from state court asserting federal-question jurisdiction. The
17 Plaintiffs filed their motion to dismiss and motion for remand simultaneously. The Plaintiffs
18 claim that because they are voluntarily dismissing all of their federal claims, this Court will be
19 divested of its subject matter jurisdiction if their motion to dismiss is granted. The Defendants do
20 not oppose the Plaintiffs’ motions.
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The Plaintiffs’ motion to dismiss [Dkt. #21] is GRANTED. Although the Plaintiffs’

22 argument that this Court lacks subject matter jurisdiction is incorrect (“jurisdiction must be
23 analyzed on the basis of the pleadings filed at the time of removal without reference to
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ORDER GRANTING MOTIONS TO DISMISS
AND REMAND - 1

1 subsequent amendments,” Sparta Surgical Corp. v. Nat’l Ass’n of Securities Dealers, Inc., 159
2 F.3d 1209, 1213 (9th Cir. 1998)), because the defendants do not oppose remand, this Court will
3 decline to exercise supplemental jurisdiction over the remaining claims. See 28 U.S.C. §
4 1367(c)(3). Plaintiffs’ motion to remand [Dkt. #22]is GRANTED.
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Accordingly, it is hereby ORDERED that:
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the Plaintiffs’ Amended Motion for Voluntary Dismissal without Prejudice of All

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Claims Against Teamsters Local No. 313 and Breach of Contract Claim Against

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Lynden Transport is GRANTED;

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

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claim against the defendant Lynden Transport is GRANTED;


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the Plaintiffs’ motion to dismiss their breach-of-contract claim and negligence

the only remaining claims in this case are the Plaintiffs’ wrongful discharge and
hostile work environment claims against defendant Lynden Transport;

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the Plaintiffs’ Amended Motion to Remand to Pierce County Superior Court is
GRANTED.

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IT IS SO ORDERED.

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Dated this 16th day of April, 2015.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING MOTIONS TO DISMISS
AND REMAND - 2