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Malcolmb v. Networks On Campus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 30, 2011

MALCOLMB BALL, PLAINTIFF,
v.
NETWORKS ON CAMPUS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION and ORDER

Defendants/Third-Party Plaintiffs MTV and Live Nation move for reconsideration of that portion of the Court's prior Decision and Order that dismissed their third-party claim as moot. Assuming, arguendo, the third-party claims are not moot, the motion is, nevertheless, denied because the Court has dismissed all claims over which it had original jurisdiction, there is no independent basis for subject matter jurisdiction over the third-party claims, *fn1 and the Court declines to exercise supplemental jurisdiction. See 28 U.S.C. § 1367(c); Machat v. Sklar, 1997 WL 599384 (S.D.N.Y. 1997) (declining to exercise supplemental jurisdiction over third-party indemnification claims after the primary action had been dismissed).

Accordingly, the motion for reconsideration (Dkt. No. 125) and the cross-motion for reconsideration (Dkt. No. 135) are DENIED.


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