Ball v. MTV Networks on Campus, Inc.

Full title: MALCOLMB BALL, Plaintiff, v. MTV NETWORKS ON CAMPUS, INC., et al.…

Court: United States District Court, N.D. New York

Date published: Jun 30, 2011

7:08-cv-0944 (N.D.N.Y. Jun. 30, 2011)

Opinion

7:08-cv-0944.

June 30, 2011

DECISION and ORDER

THOMAS McAVOY, District Judge

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. § 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).

1 The Third-Party Complaint alleges that Third-Party Plaintiffs maintain a principal place of business within the State of New York and that Third-Party Defendant Student Government Association of Potsdam maintains a principal place of business in the State of New York. As such, there is not complete diversity of citizenship.

Accordingly, the motion for reconsideration (Dkt. No. 125) and the cross-motion for reconsideration (Dkt. No. 135) are DENIED.

IT IS SO ORDERED.