Opinion
Civil Action 22-00170-KD-MU
09-21-2022
MICHAEL MCCOOL and DEIDRE DRINKARD, Plaintiffs, v. AUSTAL USA, LLC, Defendant.
ORDER
KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE.
After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection (doc. 16) is made, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1) and dated August 16, 2022 (doc. (doc. 15), is ADOPTED as the opinion of this Court.
Accordingly, the Court orders as follows:
1) Plaintiff McCool's Second Amendment claim in Count II is DISMISSED WITH PREJUDICE.
2) Pursuant to 28 U.S.C. § 1367(a) & (c), the Court declines to exercise supplemental jurisdiction over the state law claims in Count I and Counts III through V; therefore, the Court declines to rule on Defendant's motion to dismiss these state law claims.
3) Because the Court has declined to exercise supplemental jurisdiction, Plaintiffs' state law claims are REMANDED to the Circuit Court of Mobile County, Alabama.
4) Plaintiffs' motion to remand (doc. 9) is MOOT.
DONE and ORDERED.