Uddin v. Rock Arch & Eng Corp.

• Court: District Court, S.D. New York
• Decided: January 5, 2023
• Docket: 1:21-cv-10900
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NABILA UDDIN, Plaintiff, -v.- ROCK ARCH & ENG CORP. a/k/a 21 Civ. 10900 (KPF) Rock Architecture P.C., MUHAMMED ORDER ‘MARCO’ MAHAYSIN, individually, RAMI TAHA, individually, and LCS RESTORATION CORP a/k/a LCS Restoration Group, LLC. Defendants. KATHERINE POLK FAILLA, District Judge: The Court is in receipt of the parties’ stipulation of voluntary dismissal of Plaintiff’s federal claims and proposed order remanding the case to New York State Supreme Court, County of Queens, for resolution of the remaining state law claims. (Dkt. #32). Having reviewed that stipulation and good cause appearing, the Court orders as follows: 1. The Parties’ stipulation is approved; 2. Plaintiff’s federal causes of action arising under Title VII are dismissed with prejudice and all parties shall bear their own attorney’s fees and costs in connection with Plaintiff’s dismissed Title VII claims; and 3. Having found that the Court no longer has original jurisdiction over this matter, and given the early stage of this litigation, the Court declines to exercise supplemental jurisdiction over Plaintiff’s remaining causes of action arising under New York State and City Law, and remands the case to New York State Supreme Court, County of Queens. See 28 U.S.C. § 1367(c)(3) ([t]he district courts may decline to exercise supplemental jurisdiction ... if ... (3) the district court has dismissed all claims over which it has original jurisdiction”); cf. Valencia ex rel. Franco v. Lee, 316 F.3d 299, 306, 308 (2d Cir. 2003) (finding that the district court’s exercise of supplemental jurisdiction over state law claims where federal claims had been dismissed at an early stage of the litigation was an abuse of discretion) (collecting cases). The Clerk of Court is directed to remand the case to New York State Supreme Court, Queens County. SO ORDERED. eee” New York, New York Kathir: Palle (Zuho- KATHERINE POLK FAILLA □ United States District Judge