Mari Otto v. Margaret M. Heckler, Secy., Department of Health & Human Services, Howard Jacobson

Ninth Circuit

Mari Otto v. Margaret M. Heckler, Secy., Department of Health & Human Services, Howard Jacobson

802 F.2d 337, 1986 U.S. App. LEXIS 37438, 42 Fair Empl. Prac. Cas. (BNA) 64

Court of Appeals for the Ninth Circuit·Decided October 14, 1986·No. 84-6563·Published·Cited by 23 cases

Opinion

*338 ORDER AMENDING OPINION

The opinion issued January 28, 1986 is amended as follows:

Delete the last two sentences and substitute:

Retention of jurisdiction over the pendent state claims is a matter for the district court’s discretion. Rosado v. Wyman, 397 U.S. 397, 403-05, 90 S.Ct. 1207, 1213-14, 25 L.Ed.2d 442 (1970). The usual rule is that state claims should be dismissed if the federal claims are dismissed before trial. United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 1139, 16 L.Ed.2d 218 (1966); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); Wren v. Sletten Construction Co., 654 F.2d 529, 536 (9th Cir.1981). The district court, of course, has the discretion to determine whether its investment of judicial energy justifies retention of jurisdiction, Rosado, 397 U.S. at 403, 90 S.Ct. at 1213, or if it should more properly dismiss the claims without prejudice.

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*338 ORDER AMENDING OPINION

The opinion issued January 28, 1986 is amended as follows:

Delete the last two sentences and substitute:

Retention of jurisdiction over the pendent state claims is a matter for the district court’s discretion. Rosado v. Wyman, 397 U.S. 397, 403-05, 90 S.Ct. 1207, 1213-14, 25 L.Ed.2d 442 (1970). The usual rule is that state claims should be dismissed if the federal claims are dismissed before trial. United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 1139, 16 L.Ed.2d 218 (1966); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); Wren v. Sletten Construction Co., 654 F.2d 529, 536 (9th Cir.1981). The district court, of course, has the discretion to determine whether its investment of judicial energy justifies retention of jurisdiction, Rosado, 397 U.S. at 403, 90 S.Ct. at 1213, or if it should more properly dismiss the claims without prejudice.

Mari Otto v. Margaret M. Heckler, Secy., Department of Health & Human Services, Howard Jacobson, 802 F.2d 337, 1986 U.S. App. LEXIS 37438, 42 Fair Empl. Prac. Cas. (BNA) 64 (9th Cir. 1986).

Pincite

802 F.2d 337 (Mari Otto v. Margaret M. Heckler, Secy., Department of Health & Human Services, Howard Jacobson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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