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YOUNG v. CITY OF ALBUQUERQUE, CIV 13-1046 JB/RHS. (2014)

Court: District Court, D. New Mexico Number: infdco20150102902 Visitors: 1
Filed: Dec. 31, 2014
Latest Update: Dec. 31, 2014
Summary: ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Defendant Albuquerque Police Department's Motion to Dismiss Plaintiff's Claims Against the Albuquerque Police Department, filed April 7, 2014 (Doc. 17); and (ii) Defendant City of Albuquerque's Motion and Memorandum to Dismiss Plaintiff's Municipal Liability Claims Against City of Albuquerque, filed April 7, 2014 (Doc. 18). The Court held a hearing on October 28, 2014. In a Memorandum Opinion and Order, filed
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ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) Defendant Albuquerque Police Department's Motion to Dismiss Plaintiff's Claims Against the Albuquerque Police Department, filed April 7, 2014 (Doc. 17); and (ii) Defendant City of Albuquerque's Motion and Memorandum to Dismiss Plaintiff's Municipal Liability Claims Against City of Albuquerque, filed April 7, 2014 (Doc. 18). The Court held a hearing on October 28, 2014. In a Memorandum Opinion and Order, filed December 24, 2014 (Doc. 39)("MOO"), the Court dismissed Plaintiff Sharissa Young's federal claims against Defendant City of Albuquerque and Defendant Albuquerque Police Department ("APD"). MOO at 1-2, 46-51. The Court further stated that, unless Young and Plaintiff James Lochhead moved to amend the Complaint for Replevin, Conversion, Deprivation of Due Process, Negligence, and Negligence Per Se, filed October 28, 2013 (Doc. 1-1)("Complaint"), by 5:00 p.m. MST on December 31, 2014, to add federal causes of action against APD Detective John Dear and/or other individuals, the Court would remand the Plaintiffs' state-law claims to state court. MOO at 1-2, 46, 51-55. The Plaintiffs did not move to amend the Complaint before 5:00 p.m. MST on December 31, 2014. Consequently, the Court will decline to exercise supplemental jurisdiction over the Plaintiffs' state-law claims and will remand those claims to state court.

IT IS ORDERED that the remaining case, and, specifically, Plaintiff Sharissa Young's and James Lochhead's state-law claims in the Complaint for Replevin, Conversion, Deprivation of Due Process, Negligence, and Negligence Per Se, filed October 28, 2013 (Doc. 1-1), are remanded to state court.

Source:  Leagle

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