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Brown v. Suver

United States District Court, S.D. Ohio, Western Division at Dayton
Feb 2, 2006
Case No. 3:05cv182 (S.D. Ohio Feb. 2, 2006)

Opinion

Case No. 3:05cv182.

February 2, 2006


ORDER GRANTING MOTION TO REMAND


This case is before the Court on Plaintiff's Motion to Remand (Doc. No. 19). As Plaintiff correctly points out, all of the claims for relief which formed the basis for removal of this case from the Common Pleas Court have now been dismissed; the Court has subject matter jurisdicition over the remaining claims only pursuant to 28 U.S.C. § 1367.

Generally, if federal claims are dismissed before trial, the state claims should be dismissed as well. Landefeld v. Marion General Hospital, Inc., 994 F. 2d 1178, 1182 (6th Cir. 1993); Taylor v. First of America Bank-Wayne, 973 F. 2d 1284 (6th Cir. 1992); Wolotsky v. Huhn, 960 F. 2d 1331, 1338 (6th Cir. 1992). Here there is no need to dismiss the state law claims since the case can be preserved by remand.

Accordingly, the Motion to Remand is GRANTED and this case is REMANDED to the Clark County Common Pleas Court.


Summaries of

Brown v. Suver

United States District Court, S.D. Ohio, Western Division at Dayton
Feb 2, 2006
Case No. 3:05cv182 (S.D. Ohio Feb. 2, 2006)
Case details for

Brown v. Suver

Case Details

Full title:DEBORAH A. BROWN, Plaintiff, v. ROBERT SUVER, et al., Defendants

Court:United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Feb 2, 2006

Citations

Case No. 3:05cv182 (S.D. Ohio Feb. 2, 2006)