Brueske v. Chelan County

1 EASTERUN. SD.I SDTIRSITCRTI COTF CWOAUSRHTI NGTON May 24, 2022 SEAN F. MCAVOY, CLERK 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SCOTT AND CATHLEEN No. 2:22-cv-00018-SMJ BRUESKE, ORDER GRANTING MOTION 6 Plaintiffs, FOR PARTIAL REMAND 7 v. CHELAN COUNTY, 9 Defendant.

Before the Court, without oral argument is Plaintiffs’ Motion for Partial Remand, ECF No. 4. In their motion, Plaintiffs seek remand of the state law claims and the land use petition filed under Washington’s Land Use Petition Act pursuant to the doctrine of Pullman abstention or else the Court’s authority to decline supplemental jurisdiction over certain state law claims. Id. at 1, 4–9 (citing Railroad Comm’n v. Pullman Co., 312 U.S. 496 (1941); 28 U.S.C. § 1367(c)).

Plaintiffs, however, do not seek remand of their sole federal claim under 42 17 U.S.C. § 1983. Id. Defendant filed a response, noting that it agrees the state law claims would properly be remanded pursuant to Pullman and asking the Court to stay this matter pending resolution of the state law claims. ECF No. 5. Plaintiffs do not oppose the issuance of a stay. ECF No. 6. After review of the file, the || Court is fully informed and finds that remand of the state law claims and a stay of 2 remaining claim is appropriate here.

3 Accordingly, IT IS HEREBY ORDERED: 4 1. Plaintiff's Motion for Partial Remand, ECF No. 4, is GRANTED.

5 2. Pursuant to 28 U.S.C. § 1447(c), the Court declines to exercise 6 supplemental jurisdiction over the state law claims in this matter. As 7 such, Claim 1 and the land use petition, see ECF No. 1-1 at 7-12, are 8 REMANDED to Douglas County Superior Court. The Court retains 9 jurisdiction over Plaintiff's Section 1983 claim. See id. at 8-9.

10 3. This matter is STAYED pending resolution of the state law claims on 11 remand. The parties shall promptly inform the Court of any 12 resolution in the state court proceedings. Every six months until the 13 state court proceedings have resolved, the parties shall file a joint 14 status report, updating the Court on the case’s progress.

15 IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order || and provide copies to all counsel.

17 DATED this 24" day of May 2022.

18 (ead bende SALVADOR MENDOZAMIR United States District Judge