liable under section 1981 for failure to hire Sterling Jr. and for depriving him of his property. No such claims were raised in plaintiffs' complaint and, therefore, the court will not consider those claims in ruling on these motions.
Because plaintiffs have failed to allege that Cairo's conduct concerned any of the activities enumerated in section 1981, the court finds that plaintiffs have failed to allege a claim for violation of section 1981. Thus, the court dismisses Counts IX and X of the complaint.
C. Claims based on Illinois law
As previously discussed, Counts I, IX and X are the only federal claims asserted by plaintiffs in this federal question case. For the above reasons, the court has dismissed all of those claims. The only claims remaining before the court are the claims based on Illinois law.
A district court may decline to exercise jurisdiction over a claim if "the district court has dismissed all claims over which it has original jurisdiction." 28 U.S.C. § 1367(c)(3). In determining whether to hear state claims after all federal claims have been dismissed, the court must consider several factors, including judicial economy, convenience, and fairness to the litigants. See United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726-27, 16 L. Ed. 2d 218, 86 S. Ct. 1130 (1966). "In an ordinary case of supplemental jurisdiction, the presumption is in favor of relinquishment when the claim that is within the original jurisdiction of the district court was dismissed before trial." Alonzi v. Budget Constr. Co., 55 F.3d 331, 334 (7th Cir. 1995).
In this case, the weight of the factors is against exercising supplemental jurisdiction over the state law claims. The court is not aware of any unfairness or inconvenience to the parties that would result from dismissing this case and allowing it to proceed in state court. Further, the interest in judicial economy mandates that the court decline to hear this case because the federal resources should not be directed at resolving cases involving only state law claims. Illinois courts are the more appropriate forum for resolving this case, which involves primarily Illinois parties, claims that arise under Illinois state law, and an event that took place
For the above reasons, the court grants defendants Officer W. Kazmierczak and the Village of Orland Park's and defendants Marcel Cairo and Sportmart, Inc.'s motion to dismiss plaintiffs Jerome J. Sterling, Jr. and Jerome Sterling, Sr.'s first amended complaint. Accordingly, Counts I, IX and X are dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) and counts II, III, IV, V, VI, VII, and VIII are dismissed pursuant to 28 U.S.C. § 1367(c)(3). Accordingly, this case is dismissed as to all defendants. Plaintiffs may pursue their state law claims in state court.
Date: NOV 25 1997
James H. Alesia
United States District Judge