Byard v. Conry

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION DAVID E. BYARD PLAINTIFF

v. CASE NO. 4:23-CV-00190-BSM JOHN P. CONRY, et al. DEFENDANTS ORDER Defendants’ motion to remand [Doc. No. 85] is granted and this case is immediately remanded to the Cleburne County Circuit Court. This case was removed by defendants based on federal question jurisdiction. Notice of Removal 4 4, Doc. No. 1. Summary judgment was granted against plaintiff David Byard and the only remaining claims are John Conry and Williams Fisher’s state law counter-claims. See Order, Doc. No. 84; Counterclaim, Doc. No. 15. Thus, federal question jurisdiction no longer exists, the exercise of supplemental jurisdiction is declined, and remand is proper. See 28 U.S.C. §1367(c); 28 U.S.C. § 1332; Hunter v. Page Cnty., lowa, 102 F.4th 853, 871 (8th Cir. 2024). IT IS SO ORDERED this 27th day of January, 2025.

Baron 2 We IVe_ UNITED STATES DISTRICT JUDGE