NEELEY v. FEDEX CORPORATION

District Court, S.D. Indiana

NEELEY v. FEDEX CORPORATION

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

STEVEN NEELEY, ) ) Plaintiff, ) ) v. ) No. 1:23-cv-00665-JPH-MJD ) FEDEX CORPORATION d/b/a FEDEX ) EXPRESS, ) ) Defendant. )

ORDER ON JURISDICTION

Plaintiff, Steven Neeley, has filed an amended complaint raising only a state-law claim for failure to pay wages under the Indiana Wage Claims Statute. Dkt. 32. He alleges that the Court has supplemental jurisdiction to hear the claim under

28 U.S.C. § 1367

.

Id.

That statute, however, provides jurisdiction over state-law claims "that are so related" to claims over which the Court has original jurisdiction "that they form part of the same case or controversy."

28 U.S.C. § 1367

(a). Mr. Neely's amended complaint does not allege that the Court has original jurisdiction over any claims. See dkt. 32. It thus appears that the Court cannot exercise supplemental jurisdiction over his claim. See Lyons v. Morris,

835 Fed. App'x 136

, 137 (7th Cir. 2021) (unpublished) ("[A] district court cannot exercise supplemental jurisdiction over state-law claims unless a federal claim is also 'properly brought' before it. Because Lyons's complaint in this case did not state any claim within federal jurisdiction, the district court had no choice but to dismiss." (citing Bailey v. City of Chicago,

779 F.3d 689, 696

(7th Cir. 2015)). Mr. Neely therefore SHALL SHOW CAUSE by September 29, 2023 why this case should not be dismissed without prejudice for lack of jurisdiction. SO ORDERED. Date: 9/6/2023

Sjamu Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: All electronically registered counsel

Reference

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