Opinion
Case No. 8:01-cv-2147-T-27MSS
September 11, 2002
ORDER
This cause comes on for consideration sua sponte by the Court. On August 9, 2002, the Undersigned entered an order on Defendants' motions to dismiss Plaintiffs' claims in this case (Dkt. 28). Because Plaintiffs' federal law claims were dismissed, the Undersigned noted that "in the interest of judicial economy, comity and fairness the Court is not inclined to exercise pendent jurisdiction over Plaintiffs' state law claims [Counts VII through X]". (Dkt. 28), citing 28 U.S.C. § 1367(c);Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999). Understanding that the running of a state statute of limitations is an important factor for this Court to consider when deciding whether to dismiss a pendent claimSee Edwards v. Okaloosa County, 5 F.3d 1431, 1433 (11th Cir. 1993), the Undersigned stayed Plaintiffs' state law based wrongful death claims to allow Plaintiffs to submit a memorandum informing the Court whether its dismissal of this action would prevent Plaintiffs from pursuing the remaining claims in state court.
On August 29, 2002, Plaintiffs submitted their Memorandum of Law Regarding Dismissal of State Law Claims (Dkt. 30). informing the Court that if the state law claims are dismissed here, Plaintiffs will not confront a statute of limitations problem if they choose to pursue those claims in state court. Accordingly, because Plaintiffs' federal claims have been dismissed, the Court declines to exercise jurisdiction over Plaintiffs' state law claims (Counts VII through X).
It is therefore, ORDERED, that:
1) Count VII against the District School Board of Pasco County, Florida, is DISMISSED;
2) Count VIII against Bob White, Sheriff of Pasco County, Florida, is DISMISSED;
3) Count IX against Arthur O'Donnell, is DISMISSED;
4) Count X against Corporal Joe Little, is DISMISSED.
The Clerk is DIRECTED to close this case.
DONE and ORDERED