Opinion
Civil Action No. 11-cv-00716-PAB-KMT
07-11-2012
RUBY J. LUCERO, and LINDA FRANK, Plaintiffs, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ADAMS, STATE OF COLORADO, THE ADAMS COUNTY ASSESSOR'S OFFICE, and GILBERT J. REYES, in his capacity as the Adams County Assessor, Defendants.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on defendants' motion for summary judgment [Docket No. 28], plaintiffs' motion for summary judgment on plaintiffs' fourth claim for relief [Docket No. 29], and the parties' stipulation for dismissal with prejudice of plaintiff Ruby J. Lucero's first three claims for relief [Docket No. 41].
Defendants removed this matter to this Court on March 21, 2011. Plaintiff Ruby J. Lucero brought the following three federal claims against defendants: (1) interference with her right to take leave pursuant to the Family and Medical Leave Act ("FMLA"), see 29 U.S.C. § 2601 et seq., (2) retaliation for taking FMLA leave, and (3) a violation of her rights under the Americans with Disabilities Act, see 42 U.S.C. § 12101, et seq. The parties have stipulated to the dismissal of these three claims with prejudice. See Docket No. 41. In light of that stipulation, the Court will dismiss the three federal claims with prejudice.
Ms. Lucero and plaintiff Linda Frank have brought a state law claim seeking a declaratory judgment nullifying an Assessor's Office policy regarding at-will employment. As an initial matter, it is not entirely clear how this claim is "so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution." 28 U.S.C. § 1367(a). Even assuming the Court could exercise supplemental jurisdiction over the claim, the Court declines to do so pursuant to 28 U.S.C. § 1367(c)(3). See Bauchman v. West High School, 132 F.3d 542, 549 (10th Cir. 1997) ("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.'") (quoting Carnegie-Mellon University v. Cohill, 484 U.S. 343, 350 (1988)); cf. Brooks v. Gaenzle, 614 F.3d 1213, 1230 (10th Cir. 2010) ("'Notions of comity and federalism demand that a state court try its own lawsuits, absent compelling reasons to the contrary.'") (quoting Ball v. Renner, 54 F.3d 664, 669 (10th Cir.1995)). The Court will therefore remand this claim to state court, where it was originally filed.
Defendants contend that this policy is no longer in effect and, therefore, that the claim is moot.
For the foregoing reasons, it is
ORDERED that plaintiff Ruby J. Lucero's first three claims for relief are DISMISSED with prejudice. It is further
ORDERED that plaintiffs' fourth claim for relief is REMANDED to the District Court for the County of Adams, Colorado, where it was originally filed as Case No. 2010CV1937, Div. A. It is further
ORDERED that defendants' motion for summary judgment [Docket No. 28], plaintiffs' motion for summary judgment on plaintiffs' fourth claim for relief [Docket No. 29], and the joint motion for approval of the parties' stipulation [Docket No. 42] are DENIED as moot. It is further
ORDERED that judgment shall enter accordingly and this case shall be closed in its entirety. It is further
ORDERED that the trial preparation conference scheduled for July 13, 2012 and the trial scheduled to commence on July 30, 2012 are VACATED.
BY THE COURT:
________________
PHILIP A. BRIMMER
United States District Judge