Sabeerin v. Fassler

5 Citing cases

  1. Pruit v. New Mexico

    2:22-cv-0371 MIS/DLM (D.N.M. Apr. 12, 2023)

    “Under 28 U.S.C. § 1367(c)(3), ‘[t]he district courts may decline to exercise supplemental jurisdiction over a claim . . . if . . . the district court has dismissed all claims over which it has original jurisdiction.'” Sabeerin v. Fassler, No. 1:16-CV-00497 JCH-LF, 2021 WL 1227726, at *8 (D.N.M. Apr. 1, 2021). Because the Court recommends dismissing the federal claims and the remaining claims are based entirely on state law, the Court recommends remanding this proceeding to state court for adjudication of those claims.

  2. Porter v. City of Portales

    Civ. 21-0528 RB/GJF (D.N.M. Nov. 22, 2022)

    There being no further federal claims against the remaining defendants, the Court declines to exercise supplemental jurisdiction over this matter and will remand the proceeding to state court for adjudication of those claims. See Sabeerin v. Fassler, No. 1:16-CV-00497 JCH/LF, 2021 WL 1227726, at *8 (D.N.M. Apr. 1, 2021). (See also Doc. 49 at 6 (noting that “[w]ith the exception of the prima facie tort claim against RGH and Green, it appears that Porter only has four claims remaining ...., all brought against Laurenz and Gallegos”).

  3. Melendez v. City of Las Cruces Police Dep't

    Civ. 21-00061 RB/SMV (D.N.M. Aug. 31, 2022)

    if . . . the district court has dismissed all claims over which it has original jurisdiction.'” Sabeerin v. Fassler, No. 1:16-CV-00497 JCH-LF, 2021 WL 1227726, at *8 (D.N.M. Apr. 1, 2021). “If federal claims are dismissed before trial, leaving only issues of state law, the federal court should decline the exercise of jurisdiction by dismissing the case without prejudice.

  4. Luchetti v. The N.M. State Pers. Bd.

    CIV 20-1232 RB/JFR (D.N.M. Aug. 25, 2021)   Cited 2 times

    “Under 28 U.S.C. § 1367(c)(3), ‘[t]he district courts may decline to exercise supplemental jurisdiction over a claim . . . if . . . the district court has dismissed all claims over which it has original jurisdiction.'” Sabeerin v. Fassler, No. 1:16-CV-00497 JCH-LF, 2021 WL 1227726, at *8 (D.N.M. Apr. 1, 2021). Because the Court dismisses the federal claims and the remaining claims are based entirely on state law, the Court will remand this proceeding to state court for adjudication of those claims.

  5. Murphy v. City of Farmington

    No. CIV 19-0639 RB/JFR (D.N.M. May. 12, 2021)

    (See Compl.) "Under 28 U.S.C. § 1367(c)(3), '[t]he district courts may decline to exercise supplemental jurisdiction over a claim . . . if . . . the district court has dismissed all claims over which it has original jurisdiction.'" Sabeerin v. Fassler, No. 1:16-CV-00497 JCH-LF, 2021 WL 1227726, at *8 (D.N.M. Apr. 1, 2021). "If federal claims are dismissed before trial, leaving only issues of state law, the federal court should decline the exercise of jurisdiction by dismissing the case without prejudice."