-ATB Ball v. MTV Networks on Campus Inc. et al, No. 7:2008cv00944 - Document 139 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER denying 125 Motion for Reconsideration ; denying 135 Motion for Reconsideration. Signed by Senior Judge Thomas J. McAvoy on 6/30/11. (sfp, )
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MALCOLMB BALL, Plaintiff, v. 7:08-cv-0944 MTV NETWORKS ON CAMPUS, INC., et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Defendants/Third-Party Plaintiffs MTV and Live Nation move for reconsideration of that portion of the Court s prior Decision and Order that dismissed their third-party claim as moot. Assuming, arguendo, the third-party claims are not moot, the motion is, nevertheless, denied because the Court has dismissed all claims over which it had original jurisdiction, there is no independent basis for subject matter jurisdiction over the third-party claims,1 and the Court declines to exercise supplemental jurisdiction. See 28 U.S.C. ยง 1367(c); Machat v. Sklar, 1997 WL 599384 (S.D.N.Y. 1997) (declining to exercise supplemental jurisdiction over third-party indemnification claims after the primary action had been dismissed). Accordingly, the motion for reconsideration (Dkt. No. 125) and the cross-motion for reconsideration (Dkt. No. 135) are DENIED. 1 The Third-Party C om plaint alleges that Third-Party Plaintiffs m aintain a principal place of business w ithin the State of N ew York and that Third-Party D efendant Student G overnm ent Association of Potsdam m aintains a principal place of business in the State of N ew York. As such, there is not com plete diversity of citizenship. IT IS SO ORDERED. Dated:June 30, 2011 -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
