Opinion
Case No. 09-CV-32.
April 29, 2009
ORDER
On December 23, 2008, plaintiff filed a complaint against defendant in the Circuit Court for Milwaukee County. The complaint posited four claims: 1) Unfair Competition ( 15 U.S.C. § 1125(a)); 2) Unfair Competition (Wis. Stat. § 100.20); 3) Common Law Unfair Competition; and 4) Common Law Trademark Infringement. Because the first count "arises under the laws of the United States," defendant removed the entire action to federal court pursuant to 28 U.S.C. § 1441 and § 1446. Subsequent to removal, but prior to defendant filing a responsive pleading, plaintiff exercised its right to amend its complaint. See Fed.R.Civ.P. 15(a). The amended complaint does not include the federal claim. Plaintiff now seeks remand of this case to state court. Defendant opposes remand.
When a plaintiff drops its federal claims in order to seek remand, it is within the discretion of the district court whether remand should be granted. Carnegie-Mellon University v. Cohill, 484 U.S. 343, 357 (1987); 28 U.S.C. 1367(c)(3). In exercising that discretion, the court is to consider what would "best [serve] the principles of economy, convenience, fairness, and comity which underlie the [supplemental] jurisdiction doctrine." Id. at 357. In the instant case, this action is in its infancy, and the only remaining claims are state law claims. The court accordingly finds that the above principles would best be served through remand to the state court. Furthermore, the court finds Riley v. Carson Pirie Scott Co., 946 F.Supp. 716 (E.D. Wis. 1996) — a case seemingly directly on point, in which remand was granted — to be highly persuasive. Bewilderingly, neither party in the instant case cited or referred to Riley. Upon its own examination of Riley, this court sees no difference between Riley and the instant case, nor is this court aware of any reason, especially given the extreme similarities between the two cases, to issue an opinion contrary to Riley.
Accordingly,
IT IS ORDERED that plaintiff's Motion to Remand this case back to the Milwaukee County Circuit Court (Docket #8) be and the same is hereby GRANTED.
The Clerk of the Court is directed to take all appropriate steps to effectuate this remand.