IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

JOSEPH STAMBAUGH, )

)

Plaintiff, )

)

v. ) CAUSE NO. 3:14 CV 582

)

ST. JOSEPH COUNTY )

SHERIFF MIKE GRZEGOREK, )

et al., )

)

Defendants. )

OPINION AND ORDER

This matter is before the Court on the Defendant Beacon’s

Motion to Dismiss, filed by Defendant, Beacon Health Ventures, Inc.

d/b/a Memorial Home Care, Inc. a/k/a Memorial Home Care

(hereinafter “Beacon”), on April 29, 2015 (DE #43). For the

reasons set forth below, the motion (DE #43) is GRANTED. The

federal claims against Beacon are DISMISSED WITH PREJUDICE and the

state law claims are DISMISSED WITHOUT PREJUDICE. The Clerk is

ORDERED to CLOSE this case.

BACKGROUND

The facts of this case are largely set forth in this Court’s

recent opinion and order dated April 29, 2015, and need not be gone

through again. Defendant Beacon filed the instant motion to

dismiss on April 29, 2015 (DE #43), arguing Beacon cannot be held
liable for the actions of John/Jane Does who were not identified as

parties or served with process, and cannot be held liable under the

doctrine of respondeat superior for claims under 42 U.S.C. § 1983. 

In response, Plaintiff stated it “will not be proceeding further as

to claims against individual employees of Beacon who identified as

John/Jane Doe” and “Plaintiff will not be proceeding with any

constitutional claims against Defendant Beacon” and “Plaintiff

similarly will not be proceeding further with any claims for

constitutional violations by any “John/Jane Doe” employees of

Beacon.” (DE #47, p. 4.) In reply, Beacon requests that because

the federal claims have been abandoned, dismissal is warranted, and

the state law claim for medical malpractice should be dismissed

without prejudice. (DE #49.) 

DISCUSSION

Beacon is the only remaining defendant, as this Court

previously granted the motion to dismiss the claims against the

John/Jane Doe Defendants and St. Joseph County Sheriff Mike

Grzegorek (DE #42). Plaintiff has now expressly waived and

abandoned its federal claims against Beacon. (DE #47, p. 4.) 

Plaintiff concedes that this Court could exercise supplemental

jurisdiction over state law claims, “[h]owever, should the Court

not exercise its jurisdiction on the Plaintiff’s remaining state

tort respondeat superior claim against Beacon, the claim should be

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dismissed without prejudice, so that the Plaintiff may refile his

state tort claim in state court.” (DE #47, p. 6.) 

Upon due consideration, the state law claims are DISMISSED

WITHOUT PREJUDICE because the federal claims have been dismissed

prior to trial. 28 U.S.C. § 1367(c)(3); Groce, 193 F.3d at 501

(“[I]t is the well-established law of this circuit that the usual

practice is to dismiss without prejudice state supplemental claims

whenever all federal claims have been dismissed prior to trial.”).

BACKGROUND 

For the reasons set forth below, the motion to dismiss (DE

#43) is GRANTED. The federal claims against Beacon are DISMISSED

WITH PREJUDICE and the state law claims are DISMISSED WITHOUT

PREJUDICE. The Clerk is ORDERED to CLOSE this case.

DATED: June 2, 2015 /s/ RUDY LOZANO, Judge

United States District Court 

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