DRUMM v. BEAVER AREA SCHOOL DISTRICT
DRUMM v. BEAVER AREA SCHOOL DISTRICT
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHYLER DRUMM, ) ) Plaintiff, ) 2:24-cv-00438-CB-MPK ) v. ) Judge Cathy Bissoon ) Magistrate Judge Maureen P. Kelly BEAVER AREA SCHOOL ) DISTRICT, et al., ) ) Defendants. )
ORDER Plaintiff has filed an unopposed Motion (Doc. 23) to remand this case to state court. Given Plaintiff’s election not to file an amended complaint, there remains no basis for an exercise of federal jurisdiction. The Court agrees with Plaintiff, moreover, that there are no extraordinary circumstances warranting an exercise of supplemental jurisdiction. See Robert W. Mauthe, M.D., P.C. v. Optum Inc.,
925 F.3d 129, 135(3d Cir. 2019). Thus, Plaintiff’s Motion (Doc. 23) is construed as one for the Court to decline to exercise supplemental jurisdiction, and it is GRANTED. In a case removed from state court, there is a presumption in favor of remand when the federal issues are dismissed. Dirauf v. Berger,
57 F.4th 101, 108(3d Cir. 2022) (collecting cases). Therefore, it is ORDERED that this case is REMANDED FORTHWITH to the Court of Pleas of Beaver County, Pennsylvania (Civ. No. 11687-2023). IT IS SO ORDERED.
March 7, 2025 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification):
All Counsel of Record
Reference
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