Jarecki, Tammy v. University Of Wisconsin - Eau Claire et al

Filing 11

ORDER denying 10 Motion to Transfer. Signed by District Judge James D. Peterson on 6/11/2015. (jef),(ps)

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

TAMMY JO JARECKI,
Plaintiff,

ORDER

v.
14-cv-890-jdp
UNIVERSITY OF WISCONSIN-EAU CLAIRE, and
UNIVERSITY OF WISCONSIN-EAU CLAIRE SOCIAL
WORK DEPARTMENT,
Defendants.

Plaintiff Tammy Jo Jarecki brought this case against defendants University of
Wisconsin-Eau Claire (UW-EC), and UW-EC’s Social Work Department, alleging that
defendants defamed her character and improperly charged her tuition after promising not to
do so. I dismissed the case in a May 12, 2015 order, concluding that plaintiff brought no
potential federal claims and that the court could not exercise diversity jurisdiction over her
claims. Dkt. 8.
Now plaintiff has submitted a letter stating that she filed this case at the end of the
statute of limitations and would like this court to transfer the federal case to state court.
Dkt. 10. Unfortunately for plaintiff, I have no authority to transfer a case originally filed in
this court to a state court. See, e.g., Giusti v. Morgan Stanley Smith Barney, LLC, 581 F. App'x
34, 35 (2d Cir. 2014); McLaughlin v. Arco Polymers, Inc., 721 F.2d 426, 428-29 (3d Cir. 1983);
Lee v. Hirschtritt, 2013 WL 4016230, at *3 (N.D. Ill. Aug. 6, 2013). Accordingly, plaintiff’s
motion to transfer the case, Dkt. 10, is DENIED. However, this may not affect plaintiff’s
ability to refile her action in state court; Wisconsin Statute § 893.15(3) appears to toll
Wisconsin statutes of limitations while a case is pending in federal court. I encourage plaintiff

to seek legal advice from an attorney if she remains unclear on whether to pursue her lawsuit
in state court.
Entered June 11, 2015.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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