TENA CAMPBELL, District Judge.
This action was dismissed, by stipulation of the parties, on November 14, 2019. (ECF No. 183.) Prior to its dismissal, Plaintiff Justin Mayall's former attorney, Ronald Ady, filed a Notice of Claim of Attorney's Lien. (ECF No. 16.) Mr. Mayall now moves to set aside that lien. (ECF No. 185.)
For the reasons stated below, the court declines to exercise supplemental jurisdiction over this matter and the motion is denied.
In mid-2013, Meade Recovery Services sued Mr. Mayall in state court, alleging Mr. Mayall had failed to pay certain medical debts. Mr. Mayall responded by filing this federal action, in which he maintained that he did not owe any such debt, and that efforts to collect it violated federal and state law.
On April 15, 2013, Mr. Mayall hired Mr. Ady to represent him in both lawsuits. (Ex. A to Pl.'s Mot. (ECF No. 185-1).) Mr. Ady was replaced as counsel in the state action on April 30, 2015, and in this action on May 20, 2015. Mr. Ady then filed substantively identical Notices of Claim of Attorney's Lien in both cases, claiming he was entitled to $25,253.42 for his work up to that point. (Ex. B to Pl.'s Mot. (ECF No. 185-2).)
The state action was dismissed on July 29, 2015. The federal action was dismissed on November 14, 2019.
In mid-2018, Mr. Mayall's counsel contacted Mr. Ady to discuss the amount of attorney's fees owed. After taking into account Mr. Mayall's retainer and other payments already made, Mr. Ady indicated that Mr. Mayall still owed $19,344.80. Mr. Ady did not provide any billing records or other breakdown to explain how he had reached that figure. (Ex. C to Pl.'s Mot. (ECF No. 185-3).) In light of this absence of evidence, Mr. Mayall filed the present motion to set aside the attorney lien.
Both Mr. Mayall and Mr. Ady have filed briefs in which they argue that the court has supplemental jurisdiction over this matter. (ECF Nos. 189-190.) The court agrees. Even though Mr. Ady's work on Mr. Mayall's case occurred in the state action rather than in this federal action, the two actions were so intertwined that supplemental jurisdiction exists.
But even when supplemental jurisdiction exists, the court can decline jurisdiction when "the [supplemental] claim substantially predominates over the claim or claims over which the district court has original jurisdiction." 28 U.S.C. § 1367(c)(2). Here, the court had original jurisdiction over Mr. Mayall's federal law claims, but those claims have all been dismissed. The only remaining issue is Mr. Ady's lien for attorney's fees.
It is unclear whether Mr. Ady is seeking to obtain a percentage of Mr. Mayall's recovery or intends to use the lodestar method to calculate the amount he is owed.
For these reasons, the court declines to exercise supplemental jurisdiction over Mr. Mayall's motion to set aside attorney's lien. Relief should instead be sought in the state court.
Mr. Mayall's Motion to Set Aside Attorney's Lien (ECF No. 185) is DENIED. In light of the above, Mr. Ady's Motion for Extension of Time to File Response/Reply (ECF No. 191) is DENIED as moot.