U.S. Court of Appeals for the Fifth Circuit, 2023

Mauritz v. Lynn

Mauritz v. Lynn
U.S. Court of Appeals for the Fifth Circuit · Decided June 1, 2023

Mauritz v. Lynn

Opinion

Case: 22-60459 Document: 00516770938 Page: 1 Date Filed: 06/01/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED June 1, 2023 No. 22-60459 Lyle W. Cayce ____________ Clerk Nena Mauritz; Matthew Mauritz, Plaintiffs—Appellees, versus Scott Lynn; Hattiesburg Clinic, P.A., Defendants—Appellants. ______________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:20-CV-184 ______________________________ Before Richman, Chief Judge, and Stewart and Douglas, Circuit Judges.

Per Curiam: * After dismissing Plaintiffs-Appellees’ federal law claims under the Americans with Disabilities Act (“ADA”) 1 and Title VII of the Civil Rights Act of 1964 (“Title VII”), 2 the district court declined to exercise supplemental jurisdiction over their state law claims pursuant to 28 U.S.C. § _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. 42 U.S.C. § 12101, et seq.

42 U.S.C. § 2000e, et seq.

Case: 22-60459 Document: 00516770938 Page: 2 Date Filed: 06/01/2023

No. 22-60459

1367(c) and remanded those claims to state court. In a related appeal, No. 22- 60371, Mauritz v. Lynn, 2023 WL 3122467 (5th Cir. Apr. 27, 2023), Plaintiffs- Appellees challenged the district court’s order dismissing their federal law claims. While that appeal was pending, Defendants-Appellants, who originally removed the case from state court to federal court pursuant to 28 U.S.C. § 1441(a), filed this appeal challenging the district court’s remand order. Subsequent to the filing of this appeal, another panel of this court issued a ruling in the companion case, reversing and remanding the district court’s order dismissing Plaintiffs-Appellees’ claim under the ADA. Both parties now agree that this court’s ruling in the companion case removes the predicate for the remand that is the subject of this appeal. Accordingly, we DISMISS this appeal as MOOT.

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