Vox Marketing Group v. Prodigy Promos

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

VOX MARKETING GROUP, ORDER REMANDING

STATE LAW CLAIMS

Plaintiff, AND STAYING

FEDERAL ACTION

VS.

Case No. 2:18-cv-632 PRODIGY PROMOS, et al.,

Howard C. Nielson, Jr. Defendants. United States District Judge The court declined to exercise supplemental jurisdiction over the state law claims asserted by the parties in this action. See Dkt. No. 273 at 12-15. The parties now request that the court sever those claims from the single federal claim at issue in this federal action, remand the state law claims to state court, and stay the federal action pending resolution of the state law claims in state court. See Dkt. No. 274. The court accordingly severs from this action Counts One, Three, and Four of the second amended complaint (Dkt. No. 2-4) and all of Defendant’s counterclaims as well as its third-party claim (Dkt. No. 2-7) and remands those claims to the Fourth Judicial District Court, Utah County. Cf. Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357 (1988); 28 U.S.C. §1441(c)(2). This action shall be stayed pending resolution of the parties’ state law claims. See Pet Milk Co. v. Ritter, 323 F.2d 586, 588 (10th Cir. 1963).

IT IS SO ORDERED.

DATED this 8th day of September, 2021.

BY THE COURT:

4A a A\ . Ne

Howard C. Nielson, Jr.

United States District Judge