CASEY
v.
CITY OF MIAMI BEACH
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The court held that it would retain supplemental jurisdiction over remaining state law claims even after federal claims were dismissed, as the case was on the eve of trial.
Plaintiff sought to remand the case to state court after the federal claims were dismissed, arguing only state law claims remained. The case was alrea…
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After careful consideration, the Court denies both motions.
It is within this Court’s discretion to exercise supplemental jurisdiction over pendent state claims.
Raney v. Allstate Ins. Co.,
370 F. 3d 1086, 1088-89 (11th Cir. *1362
2004). However, the United States Supreme Court has stated that “if the federal claims are dismissed before trial, even though not insubstantial in a jurisdictional sense, the state claims should be dismissed as well.”
United Mine Workers v. Gibbs,
383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966). The United States Supreme Court has since explained that this statement in
Gibbs
is not a mandatory-rule, but rather
[t]he statement simply recognizes that in the usual case in which all federal-law . claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine— judicial economy, convenience, fairness, and comity — will point toward declining to exercise jurisdiction over the remaining state-law claims.
Carnegie-Mellon University v. Cohill,
484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988).
This, however, is not the usual case, and the Court finds that the balance of factors heavily favor retaining jurisdiction over this case. This case has been proceeding before this Court since November of 2010. The Court is already familiar with this case, it has issued a substantive ruling on a motion to dismiss, discovery has closed in this action, and this case is on the eve of trial. The Defendant has responded to Plaintiffs motion objecting to the requested remand and citing the substantial work it has performed in litigating this case, particularly in preparing for the upcoming trial. The Court finds that remanding this ease at this time would be inconvenient for Defendant,
2
it is not a good use of judicial resources as it would require another court to become familiar with a case this Court has already been working on for almost a year, and it would be patently unfair to the Defendant who is ready for trial. Thus, the Court shall retain jurisdiction of this action and denies Plaintiffs motions. Accordingly, it is hereby:
ORDERED AND ADJUDGED that
Plaintiffs Motion to Remand (D.E. No. 53), file on August 17, 2011 and Plaintiffs Emergency Motion to Remand (D.E. No. 55) are DENIED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Casequin v. Cat 5 Contracting, Inc., 2021 WL 3471627 (M.D. Fla. 2022)…l five months after the Court’s summary judgment order to first raise this issue.5 Although a party may challenge subject-matter jurisdiction at any time, Cat 5’s delay weighs in favor of retaining jurisdiction. E.g., Casey v. City of Miami Beach, 805 F. Supp. 2d 1361, 1362 (S.D. Fla. 2011) (denying remand where the court was “already familiar with this case” and had “issued a substantive ruling on the motion to dismiss,” where discovery had closed, and where the case was “on the eve of trial”); Wise v.…
Authorities Cited
- United Mine Workers of Am. v. Gibbs, 383 U.S. 715 (U.S. 1966)
- Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 (U.S. 1988)
- Raney v. Allstate Ins. Co., 370 F.3d 1086 (11th Cir. 2004)