Opinion
Case No. 4:11CV01444 AGF
06-21-2012
DANIEL MELCHIOR, Plaintiff, v. PAINTERS DISTRICT COUNCIL NO. 2, KEITH POWELL, and PARIC CORPORATION, Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on the two remaining Defendants' separate motions requesting that the Court decline to exercise supplemental jurisdiction, pursuant to 28 U.S.C.A. § 1367(c)(3), over the only remaining claims in this case, which are state law claims. Upon review of the record, the Court concludes that the two motions should be granted. See, e.g., Johnson v. City of Shorewood, Minn., 360 F.3d 810, 819 (8th Cir. 2004) (holding that in a case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under § 1367(c)(3) point toward declining to exercise jurisdiction over the remaining state-law claims). Although Defendants requested in their motions that the dismissal be with prejudice, the dismissal of the state claims under § 1367(c)(3) is properly without prejudice. See, e.g., Romero v. Pinnacle Equities, LLC, 283 F. App'x 429, 431 (8th Cir. 2008). At a telephone conference with counsel on June 11, 2012, all parties agreed to the dismissal of state law claims without prejudice.
Accordingly,
IT IS HEREBY ORDERED that Defendant Paric Corporation's motion to dismiss Plaintiff's state law claims against it for lack of jurisdiction is GRANTED, with said dismissal to be without prejudice. (Doc. No. 72.)
IT IS FURTHER ORDERED that Defendant Keith Powell's motion to dismiss Plaintiff's state law claims against him for lack of jurisdiction is GRANTED, with said dismissal to be without prejudice (Doc. No. 74.)
All claims against all parties having been resolved, a separate Judgment and Order of Dismissal shall accompany this Memorandum and Order.
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE