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Civil Practice – Federal Jurisdiction – Enforcement of Prior Orders – Case Closed – Remand
Teresa Bruno, Opinions Editor//July 12, 2018//
Civil Practice – Federal Jurisdiction – Enforcement of Prior Orders – Case Closed – Remand
Teresa Bruno, Opinions Editor//July 12, 2018//
Listen to this articleThe parties to this case are not diverse, and no federal question has been raised. Defendants allege this court has ancillary jurisdiction because of an allegedly factually interdependent federal case; however, that case was closed as of Aug. 10, 2017, so it cannot support ancillary federal jurisdiction over this case.
The court grants plaintiff’s motion to remand to state court.
A federal court may exercise ancillary jurisdiction to manage its proceedings, vindicate its authority, and effectuate its decrees. However, this court’s prior judgment was fully complied with; furthermore, plaintiff here was not a party to the consent order in the prior action and seeks relief different from what was ordered in the prior decree. This court lacks jurisdiction.
Old South Properties, Inc. v. Gavigan (Lawyers Weekly No. 002-132-18, 6 pp.) (Richard Gergel, J.) 9:18-cv-00522; Harold Fred Kuhn Jr. for plaintiff; Darrell Thomas Johnson Jr. and Eugene Matthews for defendants. D.S.C.
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