Opinion
2:19-CV-1739 JCM (DJA)
08-10-2022
RUSSELL LEBARRON, Plaintiffs, v. INTERSTATE GROUP, LLC, Defendants.
ORDER
Presently before the court is the matter of LeBarron v. Interstate Group, LLC, Case No. 2:19-cv-01739-JCM-DJA.
This court originally had federal question jurisdiction over this matter pursuant to 28 U.S.C. § 1331 based on plaintiff Russell LeBarron's (“LeBarron”) alleged violations of the Americans with Disabilities Act (“ADA”) and Employee Retirement Income Security Act (“ERISA”). Defendant Interstate Group, LLC (“Interstate”) subsequently filed a counterclaim for conversion and civil theft under state law (ECF No. 63), over which this court exercised supplemental jurisdiction pursuant to 28 U.S.C. § 1367.
The ADA and ERISA federal claims have since been dismissed (see ECF No. 125, ECF No. 90, respectively), leaving Interstate's counterclaim for conversion and civil theft (ECF No. 63) as the lone remaining claim in this action.
Pursuant to 28 U.S.C. § 1367(c) a district court “may decline to exercise supplemental jurisdiction over a claim...if...the district court has dismissed all claims over which it has original jurisdiction.”
Given that all federal claims in this action have now been dismissed, the court hereby declines to exercise supplemental jurisdiction over Interstate's state-based counterclaimand therefore DISMISSES this action.
The court also notes that it does not have original jurisdiction over the counterclaim since Interstate asserts only an estimated loss of $7,014.36 for the parts and accessories allegedly stolen by LeBarron. (See ECF No. 63 at 2, ¶ 7). This amount in controversy does not exceed the jurisdictional threshold as required by 28 U.S.C. § 1332.
Accordingly, the clerk of the court is hereby instructed to CLOSE THIS CASE. All pending motions are DISMISSED as moot.
IT IS SO ORDERED.