IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

ARTHUR CARSON PLAINTIFF

No. 4:20-cv-343-DPM

WOLFE STREET FOUNDATION, INC; VICKIE SIEBENMORGEN; and JAMES BOWLING DEFENDANTS

ORDER Carson sued his employer, Wolfe Street, in state court, making various state and federal claims about an allegedly unsafe workplace and race-based compensation discrimination. Wolfe Street removed the case here. Carson filed a post-answer amended complaint, and the next day moved for permission to do so. He also seeks remand and various service-related sanctions against Wolfe Street. Opposing remand, Wolfe Street points out that the amended complaint still cites both the Fair Labor Standards Act and the Occupational Safety and Health Act. Doc. 4 at 2. Workplace safety is the core of this case. Though Carson cites FLSA, his amended pleading makes no claim about earned-but-unpaid compensation. Gone, too, are the allegations of race discrimination and the citations to

. OSHA does not provide a private right of action. Chew v. American Greetings Corp.,

(8th Cir.

2014). Carson did not need the Court’s permission to file a clarifying amended complaint because he acted promptly after Wolfe Street answered. FED. R. ClIv. P. 15(a)(1)(B). His motion to amend, Doc. 6, is denied without prejudice as moot. His amended complaint stands. Carson’s motions to strike and for sanctions, Doc. 8 & 14, are denied as frivolous. No federal question remains in this case. And the Court declines, in the circumstances, to exercise supplemental jurisdiction over the state-law core dispute.

(c)(3). The motion, Doc. 7, is granted: the Court remands this case to the Circuit Court of Pulaski County, Arkansas. So Ordered.

D.P. Marshall Jr. United States District Judge [5° Mey 2020

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