1:24-cv-00141•Griffin v. Burndy, LLC et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE John R. Griffin, Jr. v. Case No. 24-cv-00141-LM-AJ Burndy, LLC REPORT AND RECOMMENDATION Pro se plaintiff John R. Griffin, Jr. originally filed this action in Coos County Superior Court asserting several employment-related claims against defendant Burndy, LLC (“Burndy”). See Doc. No. 1-1. Burndy removed the action to this court on the basis of federal question jurisdiction. See Doc. No. 1. The court dismissed Mr. Griffin’s Title VII and RSA chapter 354-A claims, leaving only Mr. Griffin’s New Hampshire Whistleblowers’ Protection Act (“WPA”) claim. See Doc. No. 60 (R&R); 70 (R&R adopted). Burndy now moves for the court to decline supplemental jurisdiction over Mr. Griffin’s WPA claim and dismiss the matter. See Doc. No. 71. Mr. Griffin objects. See Doc. No. 73. Burndy’s motion is before the court for a recommended disposition. For the following reasons, the district judge should decline to exercise supplemental jurisdiction and remand the matter back to state court. Case 1:24-cv-00141-LM-AJ Document 74 Filed 03/24/26 Page 1 of 4
2 All federal claims have been dismissed and only a single state law claim remains. Generally, when a plaintiff alleges both federal and state law claims and the claims are sufficiently closely related to form part of the same case or controversy, federal courts may properly exercise supplemental jurisdiction over the state law claims. See 28 U.S.C. § 1367(a). However, when all federal claims are dismissed prior to trial, “it is generally appropriate for a federal court to decline to exercise supplemental jurisdiction over any remaining state-law claims.” Dispensa v. Nat. Conf. of Catholic Bishops, No. 19-cv-556-LM, 2020 WL 2573013, at *12 (D.N.H. May 21, 2020) (citing 28 U.S.C. § 1367(c)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988)). Nothing in this case provides good cause for deviating from that general rule. See Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009) (“A district court’s decision whether to exercise [supplemental] jurisdiction after dismissing every claim over which it had original jurisdiction is purely discretionary.”). For that reason, this matter should not remain in this court. Dismissal, however, is not the appropriate remedy. Mr. Griffin originally filed this matter in state court. Burndy removed the case here. The court sees no reason for dismissal when the matter could proceed in state court. Any dismissal Case 1:24-cv-00141-LM-AJ Document 74 Filed 03/24/26 Page 2 of 4
3 would be without prejudice and would only cause delay. Therefore, the district judge should remand this matter. See Perfect Puppy, Inc. v. City of East Providence, R.I., 807 F.3d 415, 422 (1st Cir. 2015) (affirming remand on the basis of lack of subject matter jurisdiction); Stewart v. Robinson, 115 F. Supp. 2d 188, 201 (D.N.H. 2000) (“The court declines to exercise supplemental jurisdiction over plaintiff’s remaining state law claims, which are referred to state court.”). For the foregoing reasons, the district judge should grant in part and deny in part Burndy’s motion to decline supplemental jurisdiction and dismiss. See Doc. No. 71. The court should decline to exercise supplemental jurisdiction but remand, rather than dismiss, the matter. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Only those issues raised in the objection(s) to this Report and Recommendation are subject to review in the district court. See Sch. Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010). Any issues not preserved by such objection(s) are precluded on appeal. See id. Failure to file specific written objections to the Report and Recommendation within the specified time waives the right to Case 1:24-cv-00141-LM-AJ Document 74 Filed 03/24/26 Page 3 of 4
4 appeal the district court’s order. See Santos-Santos v. Torres- Centeno, 842 F.3d 163, 168 (1st Cir. 2016). _______________________________ Andrea K. Johnstone United States Magistrate Judge March 24, 2026 cc: John R. Griffin, pro se Counsel of Record Case 1:24-cv-00141-LM-AJ Document 74 Filed 03/24/26 Page 4 of 4
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