Mauritz v. Lynn

Case: 22-60459 Document: 00516770938 Page: 1 Date Filed: 06/01/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
June 1, 2023
No. 22-60459 Lyle W. Cayce
____________ Clerk
Nena Mauritz; Matthew Mauritz,
Plaintiffs—Appellees,
versus
Scott Lynn; Hattiesburg Clinic, P.A.,
Defendants—Appellants.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:20-CV-184
______________________________
Before Richman, Chief Judge, and Stewart and Douglas, Circuit
Judges.
Per Curiam: *
After dismissing Plaintiffs-Appellees’ federal law claims under the
Americans with Disabilities Act (“ADA”) 1 and Title VII of the Civil Rights
Act of 1964 (“Title VII”), 2 the district court declined to exercise
supplemental jurisdiction over their state law claims pursuant to 28 U.S.C. §
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
1
42 U.S.C. § 12101, et seq.
2
42 U.S.C. § 2000e, et seq.
Case: 22-60459 Document: 00516770938 Page: 2 Date Filed: 06/01/2023
No. 22-60459
1367(c) and remanded those claims to state court. In a related appeal, No. 22-
60371, Mauritz v. Lynn, 2023 WL 3122467 (5th Cir. Apr. 27, 2023), Plaintiffs-
Appellees challenged the district court’s order dismissing their federal law
claims. While that appeal was pending, Defendants-Appellants, who
originally removed the case from state court to federal court pursuant to 28
U.S.C. § 1441(a), filed this appeal challenging the district court’s remand
order. Subsequent to the filing of this appeal, another panel of this court
issued a ruling in the companion case, reversing and remanding the district
court’s order dismissing Plaintiffs-Appellees’ claim under the ADA. Both
parties now agree that this court’s ruling in the companion case removes the
predicate for the remand that is the subject of this appeal. Accordingly, we
DISMISS this appeal as MOOT.
2