Boyd v. ERMC, II, LP et al, No. 2:2014cv00591 - Document 43 (M.D. Ala. 2015)

Court Description: OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that this case in all remaining respects is remanded to the Circuit Court of Montgomery County, Alabama. It is further ORDERED that defendant ERMC, II, LP's 29 Motion for Su mmary Judgment on the state-law claims and 33 Motion to Supplement are left for resolution by the state court after remand. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 3/11/2015. (Attachments: # 1 Civil Appeals Checklist) Copy mailed to Circuit Court of Montgomery County, Alabama as directed.(dmn, )
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Boyd v. ERMC, II, LP et al Doc. 43 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION MARTINE D. BOYD, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ERMC, II, LP, a foreign limited partnership, Defendant. CIVIL ACTION NO. 2:14cv591-MHT (WO) OPINION AND ORDER Plaintiff Martine D. Boyd charged defendant ERMC, II, LP, with sexual harassment under Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 1981a & 2000e through 2000e-17), and negligence and wantonness under Alabama state law. The court has original jurisdiction over her federal claims under 28 U.S.C. §§ 1331 (federal question) and 1343 (civil rights), and 42 U.S.C. § 2000e-5(f)(3) (Title VII). The court has supplemental jurisdiction state-law claims under 28 U.S.C. § 1367. over her This action Dockets.Justia.com originated in state court and was removed to federal court pursuant to 28 U.S.C. § 1441. Because the court has already granted summary judgment in favor of ERMC and, thus, because Boyd no longer has a viable federal claim, the court declines to exercise supplemental jurisdiction to reach the merits of Boyd’s state-law claims. A district court has discretion to decline supplemental jurisdiction over a claim when it “has dismissed all jurisdiction.” taken into economy, over which it has 28 U.S.C. § 1367(c)(3). account include convenience, Carnegie-Mellon (1988).*1 claims Univ. v. “the Factors to be values of fairness, and Cohill, U.S. 484 original judicial comity.” 343, 350 Courts are strongly encouraged to dismiss * Carnegie–Mellon was decided before the passage in 1990 of 28 U.S.C. § 1367, which expressly authorized district courts to decline exercise of supplemental jurisdiction over state-law claims if all claims within the court’s original jurisdiction had been dismissed. Nevertheless, Carnegie–Mellon remains useful in analyzing when district courts should decline to exercise supplementary jurisdiction. 2 state claims when the federal claims have been resolved prior to trial. See id. (concluding that “federal court[s] should decline the exercise of [supplemental] jurisdiction by dismissing the case without prejudice” when the federal law claims have been dismissed prior to trial). See also Missildine v. Community Action Committee, 2011 (Thompson, J.). courts removal in WL 350517, However, cases dismiss, state claims exercise supplemental at *3 because must over (M.D. “federal remand, which jurisdiction,” Ala. district rather they the decline court remand Boyd’s state claims to state court. Central Fla. 2011) than to will Myers v. Investments, Inc., 592 F.3d 1201, 1226 (11th Cir. 2010); see also Cook v. Sheriff of Monroe County, 402 F.3d 1092, 1123 (11th Cir. 2005). *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that this case in all remaining respects is remanded to the Circuit Court of Montgomery County, Alabama. 3 It is further ORDERED that defendant ERMC, II, LP’s motion for summary judgment (doc. no. 29) on the state-law claims and motion to suppplement (doc. no. 33) are left for resolution by the state court after remand. The clerk of the court is DIRECTED to appropriate steps to effect the remand. This case is closed in this court. DONE, this the 11th day of March, 2015. _/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE take