From Casetext: Smarter Legal Research

Miles v. Penn Harris Madison School Corporation

United States District Court, N.D. Indiana, South Bend Division
Oct 18, 2010
CASE NO. 3:10-CV-270 RM (N.D. Ind. Oct. 18, 2010)

Opinion

CASE NO. 3:10-CV-270 RM.

October 18, 2010


OPINION AND ORDER


After the defendants removed this case to federal court, the plaintiffs filed an amended complaint, deleting the federal claim that was the basis for removal, and moved to remand the case to state court [Doc. No. 20]. The defendants, Penn Harris Madison School Corporation and St. Joseph County Police Department, have notified the court that they do not object to the plaintiff's motion.

Federal jurisdiction is properly determined at the time of removal and, as a general rule, nothing filed after removal affects the court's jurisdiction. In re Burlington Northern Santa Fe Ry. Co., 606 F.3d 379, 380-81 (7th Cir. 2010). The court could retain supplemental jurisdiction over the remaining state law claims, but believes the interests of justice would best be served by relinquishing jurisdiction over those claims. Wright v. Associated Ins. Cos. 29 F.3d 1244, 1251 (7th Cir. 1994) ("when all federal claims are dismissed before trial, the district court should relinquish jurisdiction over pendent sate-law claims rather than resolving them on the merits"); see also Davis v. Cook County, 534 F.3d 650, 654 (7th Cir. 2008).

Accordingly, the motion to remand [Doc. No. 20] is GRANTED.

SO ORDERED.

ENTERED: October 12, 2010


Summaries of

Miles v. Penn Harris Madison School Corporation

United States District Court, N.D. Indiana, South Bend Division
Oct 18, 2010
CASE NO. 3:10-CV-270 RM (N.D. Ind. Oct. 18, 2010)
Case details for

Miles v. Penn Harris Madison School Corporation

Case Details

Full title:H.S. by VICKI MILES, her mother and natural guardian, Plaintiff v. PENN…

Court:United States District Court, N.D. Indiana, South Bend Division

Date published: Oct 18, 2010

Citations

CASE NO. 3:10-CV-270 RM (N.D. Ind. Oct. 18, 2010)