Vurimindi v. Wyeth Pharmaceuticals
Opinion of the Court
OPINION
In December 2009, Appellant, Vamsid-har Vurimindi, commenced this action in the Court of Common Pleas of Philadelphia County against defendants Wyeth Pharmaceuticals (Pfizer), MedFocus (Inventive Clinical Solutions), Accenture, Stephen Kopko and Robert Moyer. In the complaint, Vurimindi, who had worked
In August 2010, Vurimindi filed an amended complaint asserting the same federal claims as well as the following state-law claims against the defendants: breach of contract, wrongful termination, slander, fraud and misrepresentation, invasion of privacy, and interference with economic relationship. Soon thereafter, the defendants moved to dismiss the amended complaint on various grounds. Vurimindi then sought leave to amend the complaint a second time in order to withdraw his federal claims and assert additional state-law claims.
By order entered March 23, 2011, the District Court dismissed the amended complaint for lack of jurisdiction. The court explained that, because Vurimindi consented to withdraw his federal claims, it no longer had federal question jurisdiction over the complaint, see 28 U.S.C. § 1331, and could not otherwise retain original jurisdiction because diversity of citizenship was lacking, see id. § 1332. The court recognized that it had the authority to assert supplemental jurisdiction over the remaining state-law claims, see id. § 1367, but determined that doing so would not serve any “useful purpose.” Therefore, the court dismissed the amended complaint and denied Vurimindi leave to file a second amended complaint asserting additional state-law claims. Vurimindi now appeals from the District Court’s order.
We will affirm. The District Court properly concluded that, because Vurimin-di withdrew his federal claims,
. Specifically, Vurimindi sought leave to assert claims for promissory estoppel and intentional infliction of emotional distress.
. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.
.Although Vurimindi includes in his brief argument in support of his federal civil rights claims, his motion for leave to file a second amended complaint makes clear that he intended to withdraw those claims.
Reference
- Full Case Name
- Vamsidhar Reddy VURIMINDI v. WYETH PHARMACEUTICALS, (Pfizer) Accenture MedFocus Stephen Kopko Robert Moyer
- Cited By
- 1 case
- Status
- Published