Arch Energy, L.C. v. City of Brentwood

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ARCH ENERGY, L.C., ) Plaintiff, Vs. Case No. 4:22-cv-00499-MTS CITY OF BRENTWOOD, Defendant. MEMORANDUM AND ORDER OF REMAND Plaintiff Arch Energy, L.C. filed a Motion to Remand this case on October 13, 2022, Doc. [29], after it declined to include claims within its Second Amended Complaint that arose under the Constitution and laws of the United States, see Doc. [28]. Defendant has not raised any opposition to the Motion to Remand, and the time in which it could do so has passed. See E.D. Mo. L.R. 4.01(B). The Court finds that while it may retain supplemental jurisdiction over Plaintiffs state law claims, the so-called Gibbs factors heavily weigh against exercising supplemental jurisdiction here. See, e.g., Aldridge v. Hoskin, 1:19-cv-00075-JAR, 2020 WL 6313736, at *2 (E.D. Mo. Oct. 28, 2020); Barondes v. Wolfe, 184 F. Supp. 3d 741, 744 (W.D. Mo. 2016). The Court therefore declines to exercise supplemental jurisdiction over the remaining claims. 28 U.S.C. § 1367(c). Accordingly, IT IS HEREBY ORDERED that Plaintiff's unopposed Motion to Remand, Doc. [29], is GRANTED, and this case is REMANDED to the Circuit Court of St. Louis County. Dated this 8th day of November, 2022. □ / | oo MT UNITED STATES DISTRICT JUDGE