KC Royalties Claim Booted From Federal Court

Smith v Casey, No. 1:12-cv-23795 (S.D. Fla. Apr. 25, 2013) [Doc. 84].


The Court declined to exercise supplemental jurisdiction over Plaintiff’s remaining state-law claim for breach of contract relating to royalties, and "declines Plaintiff’s ill-formulated request for declaratory relief."

Plaintiff's copyright claim was previously dismissed, leaving only a state-law breach of contract claim and a request for declaratory relief.  The Court found that because "Plaintiff’s timely claims for breach-of-contract will not become time-barred as a result of this Court’s dismissal without prejudice", it would not exercise supplemental jurisdiction over the state law claim.  Moreover, there was no diversity, and very little discovery had taken place.  The Court also rejected the declaratory judgment claim, stating it was dangerously close to a request for issuance of an advisory opinion.