Byard v. Conry

United States District Court for the Eastern District of Arkansas

Byard v. Conry

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION DAVID E. BYARD PLAINTIFF

v. CASE NO. 4:23-CV-00190-BSM JOHN P. CONRY, et al. DEFENDANTS ORDER Defendants’ motion to remand [Doc. No. 85] is granted and this case is immediately remanded to the Cleburne County Circuit Court. This case was removed by defendants based on federal question jurisdiction. Notice of Removal 4 4, Doc. No. 1. Summary judgment was granted against plaintiff David Byard and the only remaining claims are John Conry and Williams Fisher’s state law counter-claims. See Order, Doc. No. 84; Counterclaim, Doc. No. 15. Thus, federal question jurisdiction no longer exists, the exercise of supplemental jurisdiction is declined, and remand is proper. See

28 U.S.C. §1367

(c);

28 U.S.C. § 1332

; Hunter v. Page Cnty., lowa,

102 F.4th 853, 871

(8th Cir. 2024). IT IS SO ORDERED this 27th day of January, 2025.

Baron 2 We IVe_ UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown