Brim v. Exxonmobil Pipeline Co. ( 2007 )


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  •                                                                                  United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    January 10, 2007
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 06-50621
    Summary Calendar
    JERRY BRIM, MIKE PRINCE, MIKE TUTTLE,
    Plaintiffs-Appellees,
    versus
    EXXONMOBIL PIPELINE COMPANY,
    Defendant-Appellant.
    Appeal from the United States District Court
    for the Western District of Texas
    Civil Action No. MO-05-CV-018-XR
    Before DeMOSS, STEWART, and PRADO, Circuit Judges.
    PER CURIAM:*
    This appeal arises from the district court’s dismissal without prejudice of state law claims
    asserted by Jerry Brim, Mike Prince, and Mike Tuttle (the “former employees”) against ExxonMobil
    Pipeline Co. (“ExxonMobil”). ExxonMobil appeals the dismissal without prejudice. We affirm the
    district court’s judgment.
    *
    Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
    published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    I. FACTUAL AND PROCEDURAL BACKGROUND
    On February 3, 2005, the former employees filed several federal statutory and state law claims
    against ExxonMobil. The federal claims included alleged violations of the Age Discrimination in
    Employment Act (ADEA), § 510 of the Employee Retirement Income Security Act (ERISA), the
    Sherman Anti-Trust Act, and the Clayton Act. Under state law, the former employees alleged
    tortious interference with a prospective business relationship, conspiracy, “blacklisting” under TEX.
    LAB. CODE § 52.031, and negligence per se. On December 21, 2005, ExxonMobil filed a motion for
    summary judgment. The magistrate judge, in his Memorandum and Recommendation, recommended
    that the district court grant ExxonMobil’s motion for summary judgment on the federal statutory
    causes of action; deny summary judgment on the state law causes of action; and grant the former
    employees’ motion to dismiss their state law causes of action without prejudice. The district court
    conducted a de novo review and accepted the magistrate judge’s recommendations. In this appeal,
    ExxonMobil contests the district court’s dismissal without prejudice of the former employees’ state
    law claims.
    II. STANDARD OF REVIEW
    The district court’s determination of whether to retain jurisdiction over state law claims is
    reviewed under an abuse of discretion standard. See Batiste v. Island Records, Inc., 
    179 F.3d 217
    ,
    226-27 (5th Cir. 1999), cert. denied, 
    528 U.S. 1076
    (2000); McClelland v. Gronwaldt, 
    155 F.3d 507
    ,
    519 (5th Cir. 1998). This court affirms the district court’s decision unless we have a “definite and
    firm conviction that the court below committed a clear error of judgment in the conclusion it reached
    upon a weighing of the relevant factors.” United States v. Walker, 
    772 F.2d 1172
    , 1176 (5th Cir.
    1985) (quoting In re Josephson, 
    218 F.2d 174
    , 182 (1st Cir. 1954)).
    2
    III. DISCUSSION
    As a general rule, a federal court should decline to exercise jurisdiction over pendent state
    claims when all federal claims are disposed of prior to trial. Carnegie-Mellon Univ. v. Cohill, 
    484 U.S. 343
    , 350 (1988); Parker & Parsley Petroleum Co. v. Dresser Indus., 
    972 F.2d 580
    , 585 (5th
    Cir. 1992). To make this determination, the district court should consider the statutory provisions
    of 28 U.S.C. § 1367(c) and the relevant factors of judicial economy, convenience, fairness, and
    comity. City of Chicago v. Int’ Coll. of Surgeons, 
    522 U.S. 156
    , 173 (1997); see also 
    Batiste, 179 F.3d at 227
    .
    Under § 1367(c), a district court may decline to exercise supplemental jurisdiction if
    (1) a claim raises a novel or complex issue of state law; (2) the claim substantially
    predominates over the claim or claims over which the district court has original
    jurisdiction; and (3) the district court has dismissed all claims over which it has
    original jurisdiction; or (4) in exceptional circumstances, there are other compelling
    reasons for declining jurisdiction.
    In this instance, § 1367(c)(3) clearly applies because the district court dismissed the former
    employees’ federal statutory claims on summary judgment. Section 1367(c)(1) also applies because
    the blacklisting claim, pursuant to TEX. LAB. CODE § 52.031, presents a novel issue of state law. A
    violation of this provision occurs when an employer blacklists or causes to be blacklisted an
    employee; or (2) conspires or contrives by correspondence of any other manner to prevent an
    employee discharged by a corporation, company, or individual from procuring employment. TEX.
    LAB. CODE § 52.031. ExxonMobil argues that § 52.031 does not provide a private cause of action
    and only discharged employees may file suit under the statute. No Texas court, however, has decided
    a case on this issue. For these reasons, under § 1367(c), the district court properly exercised its
    discretionary authority to decline supplemental jurisdiction over the state law claims.
    3
    We next determine whether the factors of judicial economy, convenience, fairness, and comity
    weigh in favor of dismissing the former employees’ state law claims. At the time of summary
    judgment, the parties were approximately one year into the litigation and two months remained until
    the trial date. Although the parties had completed some discovery, two discovery disputes, regarding
    a motion for protective order and motion to compel, had not been settled by the court. Compare
    Parker & Parsley Petroleum 
    Co., 972 F.2d at 585
    (holding that the district court properly dismissed
    state law claims nine months into the litigation and before the completion of discovery with weeks
    until trial) with 
    Batiste, 179 F.3d at 227
    (holding that the district court abused its discretion by
    retaining jurisdiction over state law claims three years into the litigation and one month before trial).
    Moreover, the parties may use any trial preparation, legal research, and discovery in the state court
    proceedings. See Parker & Parsley Petroleum 
    Co., 972 F.2d at 585
    . Accordingly, due to the court’s
    minimal involvement with the state law claims at this stage of the litigation, the consideration of
    judicial economy favors dismissing the state law claims.
    The relevant factors of convenience and fairness also support dismissal of the state law claims.
    The former employees initially filed suit in the Western District of Texas-Midland Division, but the
    district court sua sponte transferred the case to the San Antonio Division. The former employees and
    the majority of witnesses reside in Midland, Texas. Further, the events giving rise to the litigation
    also occurred in Midland, Texas. The district court’s dismissal permits the former employees to re-
    file their suit in a Midland state court without undue hardship placed upon ExxonMobil.
    The final factors of federalism and comity dictate that the state law claims be dismissed
    without prejudice. ExxonMobil argues that the straightforward nature of the issue, although not yet
    decided in a Texas court, requires the district court to dispose of the state law claims on summary
    4
    judgment. See generally Batiste (holding that the district court abused its discretion in refusing to
    retain jurisdiction over the state law claims because the causes of action presented no difficult state
    law questions); Morris v. Dillard Dept. Stores, Inc., 
    277 F.3d 743
    (5th Cir. 2001) (same). Even
    though application of § 52.031 may not present a complex legal issue, it certainly qualifies as a novel
    question of state law. At this point, ExxonMobil may file a revised version of its motion for summary
    judgment filed in this court on the state law claims, and the state court may rule on the issue without
    duplicating any legal analysis performed by the district court.
    IV. CONCLUSION
    In light of § 1367(c) and the relevant factors of judicial economy, convenience, fairness, and
    comity, the district court did not abuse its discretion by dismissing the former employees’ state law
    claims without prejudice. Accordingly, we affirm the district court’s judgment.
    5