Epstein Secrets

EIN, and Defendants. ) CASE NO.: 09-80469-CIV-MARRA ) ) ) ) ) ) ) ) ) PLAINTIFF'S AMENDED'

eclines to exercise pendent jurisdiction over the state law claims and remands the action to state court. The Court finds In United Mine Workers v. Gibbs, 383 U.S. 715 (1966), a jury's verdict against a union based on State law claims was reversed, in part, because the federal law claim failed. The

ure of the deficiency that would keep the former claims out of federal court if presented on their own. Our general approach to the application of Gibbs, however, has been markedly more cautious. For example, as a matter of statutory construction of the pertinent jurisdictional provisions, we refuse

EIN, and Defendants. ) CASE NO.: 09-80469-CIV-MARRA ) ) ) ) ) ) ) ) ) PLAINTIFF'S MEMORANDU

law claims." Id. at *5-6 (emphasis added). In Daimler Chrysler Corporation. Charlotte Cuno, 547 U.S. 332, 351-52 (2006) the Supreme Court stated: Gibbs held that federal-question jurisdiction over a claim may authorize a federal court to exercise jurisdiction over state-law claims that may be viewed

ure of the deficiency that would keep the former claims out of federal court if presented on their own. Our general approach to the application of Gibbs, however, has been markedly more cautious. For example, as a matter of statutory construction of the pertinent jurisdictional provisions, we refuse

the NPA and pleas of guilty if she so chose; 4. Judge Marra himself said "there is no logical reason to treat

ses. . She had all the information available to her in early 2009 that she needed to contest the NPA and pleas of guilty if she so chose; 4. Judge Marra himself said "there is no logical reason to treat anon-prosecution agreement' which the government employs to dispose of contemplated federal charge

ope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged." United Mine Workers of Am.'. Gibbs, 383 U.S. 715, 724 (1966). As discussed in Part I, above, the Government had not contested the reasons that support joining the new victims into th

ions to Epstein's Motion to Compel and/or Identify. This Notice should only be filed in 08-80119, not in all of the Epstein cases.. Signed by Judge Kenneth A. Marra on 5/20/2009. Associated Cases: 9:08-cv-80119-KAM et al. (1c3) (Entered: 05/20/2009) 05/22/2009 15 Clerks Notice of Docket Correction and Instruc

No. 102 v. Epstein Assigned to: Judge Kenneth A. Marra Lead case: 9:08-cv-80119-KAM Member case: (View

to federal law. Economy also weighs in favor of remand as state courts are better equipped to efficiently handle state 2 In United Mine Workers v. Gibbs 383 U.S. 715 (1966), a jury's verdict against a union based on State law claims was reversed, in part, because the federal law claim failed. The C