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Damico v. Flagel

July 5, 2006

JUDITH A. DAMICO, PLAINTIFF,
v.
MARLENE FLAGEL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Thomas M. Rose

ENTRY AND ORDER REMANDING TO STATE COURT

The instant case was removed to federal court by Defendants on the basis of federal question jurisdiction. Doc. 1. Plaintiff has since amended her complaint to assert only state law claims. Doc. 11. Plaintiff's amended complaint effectively dismisses all claims over which this Court had original jurisdiction. Although the state law claims over which the Court had jurisdiction pursuant 28 U.S.C. § 1367 may have been properly asserted, a court may decline such supplemental jurisdiction where the court has dismissed all claims over which it has original jurisdiction. 28 U.S.C. § 1367(c)(3). The Court hereby declines to exercise its supplemental jurisdiction over this matter and REMANDS this case to the Common Pleas Court of Montgomery County, Ohio.

DONE and ORDERED in Dayton, Ohio, Wednesday, July 5, 2006.

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

20060705

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