Rosario v. International Auto Mall & Leasing Center, Inc.
||International Auto Mall & Leasing Center, Inc.
||May 22, 2012
||US District Court for the Southern District of New York
||Foley Square Office
||Debra C. Freeman
||Andrew L. Carter
|Nature of Suit:
||Truth in Lending
|Cause of Action:
||15 U.S.C. § 1601
|Jury Demanded By:
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|March 19, 2013
OPINION AND ORDER: Because International's is a permissive counterclaim, has no independent basis for federal jurisdiction and this Court declines to exercise supplemental jurisdiction, there is no subject matter jurisdiction and it is barred fr om being litigated in federal court. For the reasons discussed herein, Plaintiff's motion to dismiss the counterclaim is Granted and Defendant's counterclaim is dismissed without prejudice to allow repleading, if desired, in the appropriate state court. re: 6 MOTION to Dismiss Defendant's Counterclaim and Memorandum in Support filed by Jose Rosario. (Signed by Judge Andrew L. Carter, Jr on 3/19/2013) (sac)
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