Volkl v. Moynihan Station Development Corporation
- Vyskocil
- 1:22-cv-06042
- U.S. District Court · Southern District of New York
- 1
In Volkl v. Moynihan Station Development Corp., Judge Vyskocil remanded the action after the federal claims were resolved, leaving state-law claims.
Michael Volkl and the defendants in the removed action, including Moynihan Station Development Corp.; the remaining state-law claims will proceed in New York state court.
What happened
Michael Volkl sued Moynihan Station Development Corp. and other defendants in an action that defendants removed to federal court based on federal-question jurisdiction. The parties reported reaching an agreement resolving the federal claims.
The parties asked the federal court to send the remaining state-law claims back to state court. They did not ask the federal court to keep the case, and the record did not show a reason to do so.
Judge Mary Kay Vyskocil declined to continue exercising authority over the state-law claims and remanded the action to the Supreme Court of the State of New York, New York County, for further proceedings.
The detailed version
- Volkl v. Moynihan Station Development Corporation · No. 1:22-cv-06042
- Vyskocil
- July 28, 2022
Background
Defendants removed the action from state court to the U.S. District Court for the Southern District of New York based on federal-question jurisdiction. Defendants later filed a letter and partial stipulation stating that the parties had reached an agreement resolving the federal claims and requesting that the action be sent back to state court.
Court’s reasoning
The court explained that when federal jurisdiction has been eliminated and only related state-law claims remain, a federal court ordinarily dismisses those state claims. When the case originally arrived in federal court through removal from state court, however, the court may instead remand the claims to state court. The parties did not ask the court to retain jurisdiction, and the record provided no apparent justification for retaining the remaining state-law claims.
Ruling
The court declined to exercise jurisdiction over the remaining state-law claims and remanded the action to the Supreme Court of the State of New York, New York County, for further proceedings.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.