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Santander Consumer Usa, Inc v. Frank T. Pearson and Donna K. Pearson

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


May 23, 2011

SANTANDER CONSUMER USA, INC., PLAINTIFF,
v.
FRANK T. PEARSON AND DONNA K. PEARSON DEFENDANTS.

The opinion of the court was delivered by: Murphy, District Judge:

MEMORANDUM AND ORDER

Santander Consumer USA, Inc., ("Santander") filed a complaint against Frank T. Pearson and Donna K. Pearson ("the Pearsons") in Illinois's Fifth Judicial District, Cumberland County, on November 19, 2010. Santander's complaint alleges detinue and breach of contract. On December 17, 2010, the Pearsons filed a "complaint and countersuit" against Santander and HSBC Bank, HSBC Auto Finance, the FBI, the Director of the FBI, the Cumberland County Sheriff, and the Cumberland County Sheriffs Office. The FBI and the Director of the FBI then removed the action to this Court. The Pearsons' third party claims against the FBI, the Director of the FBI, the Cumberland County Sheriff, and the Cumberland County Sheriffs Office were voluntarily dismissed (Doc. 11), and the Court granted a motion to dismiss made by Santander, HSBC Bank, and HSBC Auto Finance (Doc. 23)Sthereby entirely dismissing the counterclaims and third party claims. The only surviving claims are the claims for detinue and breach of contract against the Pearsons.*fn1

The Court has dismissed all claims over which it had original jurisdiction and declines to exercise supplemental jurisdiction over the remaining claims, pursuant to 28 U.S.C. § 1367(c)(3). See Whitely v. Moravec, 635 F.3d 308, 311 (7th Cir. 2011) ("[A] district judge has discretion to relinquish supplemental jurisdiction and remand once the federal claim has dropped out.") (emphasis in original). "[I]t is the well-established law of this circuit that the usual practice is to dismiss without prejudice state supplemental claims whenever all federal claims have been dismissed prior to trial." Groce v. Eli Lilly & Co., 193 F.3d 496, 501 (7th Cir. 1999). Such is the case here.

The action is REMANDED to the Circuit Court of the Fifth Judicial Circuit, Cumberland County, Illinois.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge


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