Danelle Cannon, Individually and on behalf of J.H., a minor v. West Point Consolidated School District and Joshua Kuhstoss

Summary

The United States District Court for the Northern District of Mississippi grants the defendants' motion for judgment on the pleadings as to the plaintiffs' ADA claim, finding that the claim was abandoned. Because the ADA claim was the only federal claim, the court declines to exercise supplemental jurisdiction over the remaining state-law claims and sua sponte remands the case to the Circuit Court of Clay County, Mississippi. The case is closed as to the federal proceedings.

Holdings

1. A claim is abandoned when the nonmoving party fails to address the opposing party's argument for dismissal, and Plaintiffs' ADA claim was therefore dismissed with prejudice.
2. The court declined to exercise supplemental jurisdiction over the remaining state-law claims after dismissing the only federal claim and remanded the case to state court.

Questions Presented

1. Whether Plaintiffs' ADA claim should be dismissed when the claim was labeled retaliation, its allegations concerned failure to accommodate, and Plaintiffs indicated they did not intend to pursue it.
2. Whether the federal court should continue exercising supplemental jurisdiction over the remaining state-law claims after dismissing the only federal claim.

Disposition

remanded