Opinion
CASE NO. C12-5532 RJB
05-08-2013
THOMAS SHEARER, Plaintiff, v. TACOMA SCHOOL DISTRICT NO. 10, Defendant.
ORDER REMANDING STATE LAW
CLAIMS
This matter comes before the court on the court's order to show cause. Dkt. 25. The court has considered the relevant record and the remainder of the file herein.
On April 29, 2013, the court dismissed the federal claims in this matter, and ordered the parties to show cause why the court should not decline to exercise supplemental jurisdiction over the state law claims and dismiss those claims without prejudice. Dkt. 25.
Under 28 U.S.C. § 1367, a federal court may assume supplemental jurisdiction over all other claims that are so related to claims in the action within the original jurisdiction so that they form part of the same case or controversy. The Court may decline to exercise this supplemental jurisdiction if (1) the claim raises a novel or complex issue of state law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction. 28 U.S.C. § 1367(c).
In this case, the claims over which the court has original jurisdiction, pursuant to 28 U.S.C. § 1983, have been dismissed. The state law claims, notably those with regard to breach of contract, estoppel, and interpretation of the provisions of RCW 28A, involve complex issues of state law, particularly in light of the facts in the record. Further, the claims under state law appear to predominate over the federal constitutional claims over which the court had original jurisdiction. The court should decline to exercise supplemental jurisdiction over the state law claims and should remand the case to state court.
Accordingly, it is hereby ORDERED that the court declines to exercise supplemental jurisdiction over the state law claims in this case, and those claims are REMANDED to the Superior Court of the State of Washington for Pierce County. This case is closed.
The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address.
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ROBERT J. BRYAN
United States District Judge