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Real Property: Foreclosure | Alabama Middle
Order on Motion to Dismiss for Failure to State a Claim
ORDER: 1) The Defendant's Motion to Dismiss (doc. 56 ) is GRANTED in part insofar as it seeks dismissal of the federal claim from the defective Second Amended Complaint. The Defendants Motion to Dismiss is DENIED as moot in so far as it seeks dismissal of Counts II, III, IV, V, and VI because the court declines to exercise supplemental jurisdiction. 2) Count I of the Second Amended Complaint is DISMISSED with prejudice. 3) Pursuant to 28 U.S.C. 1367(c)(3), the court declines to exercise supplemental jurisdiction over Counts II, III, IV, V, and VI. Those counts are REMANDED to the Circuit Court of Autauga County, Alabama. The Clerk of Court is DIRECTED to take all steps necessary to effectuate the remand of the remaining state-law claims and close this case.A separate Final Judgment will be entered. Signed by District Judge Bill Lewis on 10/1/2026. (CWL)
Judgment
FINAL JUDGMENT: For the reasons set forth in the order filed contemporaneously with this final judgment, it is the ORDER, JUDGMENT, and DECREE of the court that Count I of the Second Amended Complaint is DISMISSED with prejudice. It is further ORDERED that, pursuant to 28 U.S.C. 1367(c)(3), Counts II, III, IV, V, and VI are REMANDED to the Circuit Court of Autauga County, Alabama. The Clerk of Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Costs are taxed as paid. Signed by District Judge Bill Lewis on 10/1/2026. (Certified copies of 64 , 65 and public docket sheet mailed to Circuit Court of Autauga County) (CWL)
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