Sheet Metal Workers International Association Local No. 38 Vacation Fund et al v. Novak Francella LLC et al
| Sheet Metal Workers International Association Local No. 38 Vacation Fund, Sheet Metal Workers International Association Local No. 38 Insurance and Welfare Fund, Sheet Metal Workers International Association Local No. 38 Profit Sharing Plan, Sheet Metal Workers Local 38 Labor Management Committee And Trust, Sheet Metal Workers Local Union 38 Craft Training Fund, Sheet Metal Contractors Industry Fund of Southeastern New York and Sheet Metal Workers International Association Local No 38 Union |
| Novak Francella LLC, Mark Modzeleski and Fidelity And Deposit Company of Maryland |
| 7:2016cv08315 |
| October 25, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Putnam |
| Cathy Seibel |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1132 |
| Plaintiff |
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Filing
117
ORDER: Simply put, this is the "usual case," Cohill, 484 U.S. at 350 n.7, and I therefore decline to exercise supplemental jurisdiction over Plaintiffs' remaining state-law claims. The same analysis would have governed at the time of my summary judgment ruling, but I did not undertake it in the erroneous belief that supplemental jurisdiction was not at issue because I had diversity jurisdiction over the state-law claims. Had I realized that I did not, I would have dismissed al l of the state-law claims without prejudice. I therefore, in the interests of comity and fairness, vacate my dismissal with prejudice of the claims for breach of contract, fraudulent misrepresentation, and silent fraud, and instead dismiss those claims, as well as the claims for professional malpractice and negligent misrepresentation, without prejudice. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 1/22/2020) (mml)
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