Pintando v. Miami-Dade Housing Agency

                                                                         [PUBLISH]


              IN THE UNITED STATES COURT OF APPEALS
                                                                      FILED
                       FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
                         ________________________ ELEVENTH CIRCUIT
                                                              SEPTEMBER 25, 2007
                           Nos. 06-12953 & 06-13184            THOMAS K. KAHN
                            Non-Argument Calendar                  CLERK
                          ________________________

                       D. C. Docket No. 04-22856-CV-AJ

JUAN MANUEL PINTADO,


                                                        Plaintiff-Appellant,

                                      versus

MIAMI-DADE HOUSING AGENCY,

                                                        Defendant-Appellee.


                          ________________________

                  Appeals from the United States District Court
                      for the Southern District of Florida
                        _________________________

                               (September 25, 2007)

Before WILSON, PRYOR and KRAVITCH, Circuit Judges.

PER CURIAM:

     This case presents the question of whether the district court is divested of
subject-matter jurisdiction when a plaintiff amends his complaint so as to omit the

federal law claim that originally gave rise to the federal court’s supplemental

jurisdiction of the plaintiff’s remaining state law claims. Because we find that the

district court lacked jurisdiction over the case after the plaintiff amended his

complaint, we vacate the summary judgment order and remand this case to the

district court to be dismissed without prejudice.

                                 I. BACKGROUND

      Appellant Juan Manuel Pintado filed his original complaint in the Southern

District of Florida alleging the Miami-Dade Housing Authority (“MDHA”) had

violated (1) Florida’s Whistle-blower Act, Fla. Stat. Ann. § 112.3187; (2) Florida’s

Civil Rights Act, Fla. Stat. Ann. § 760.01, et seq.; and (3) Title VII of the Civil

Rights Act of 1964, 42 U.S.C. § 2000e, et seq. The complaint alleged that the

district court had supplemental jurisdiction over the state law claims. 28 U.S.C.

§ 1367.

      After the MDHA moved for summary judgment on all counts, Pintado

moved to amend his complaint pursuant to Federal Rule of Civil Procedure 15(a)

in order to “drop his federal law claim under Title VII . . . so that he may continue

to pursue only his state law claims.” The district court granted the motion to

amend, and Pintado filed an amended complaint asserting only violations of state



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law. Although no violation of federal law was alleged in the amended complaint,

Pintado continued to claim that the district court had supplemental jurisdiction over

the case.

      The district court granted summary judgment to MDHA on both state law

claims. In its order, the district court acknowledged that Pintado’s amended

complaint did not contain a federal law claim, but concluded that the court retained

supplemental jurisdiction over the remaining state law claims. After Pintado’s

motions for a new trial, amended judgment, and recusal were denied, he filed this

appeal.

                            II. STANDARD OF REVIEW

      Whether we or the district court have subject-matter jurisdiction to decide

this case is a question of law to be reviewed de novo. Williams v. Best Buy Co.,

269 F.3d 1316, 1318 (11th Cir. 2001).

                                  III. DISCUSSION

          Before deciding the merits of a case, we must ensure that we have

jurisdiction. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374

F.3d 1020, 1021 (11th Cir. 2004). The district court properly had jurisdiction of

the case after Pintado filed his first complaint. The Title VII claim was properly

before the district court, and the state law claims were part of the same nucleus of



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operative facts that allows the district court to assert supplemental jurisdiction over

them in accord with 42 U.S.C. § 1367. See United Mine Workers v. Gibbs, 383

U.S. 715, 725, 86 S. Ct. 1130, 1138 (1966).

      Once Pintado amended his complaint, however, there no longer was a

federal law question upon which supplemental jurisdiction could rest. The

question before us is whether the district court continued to possess subject-matter

jurisdiction over Pintado’s state law claims after he amended his complaint to no

longer include any federal law claim.

      The statute authorizing supplemental jurisdiction specifies that a district

court “may decline to exercise supplemental jurisdiction over a claim if . . . the

district court has dismissed all claims over which it has original jurisdiction.” 28

U.S.C. § 1367(c)(3) (emphasis added). A district court therefore has the discretion

to continue to exercise jurisdiction over state law claims in a case even after

dismissing the federal claim that created the original jurisdiction. See Palmer v.

Hosp. Auth., 22 F.3d 1559, 1568 (11th Cir. 1994). If Pintado’s amended

complaint were analogous to a district court dismissal of Pintado’s federal claims,

then it would be within the district court’s discretion to continue to exercise

supplemental jurisdiction over Pintado’s state law claims. However, this analogy

does not hold.



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      As a general matter, “[a]n amended pleading supersedes the former

pleading; the original pleading is abandoned by the amendment, and is no longer a

part of the pleader’s averments against his adversary.” Dresdner Bang AG,

Dresdner Bank AG in Hamburg v. M/V Olympia Voyager, 463 F.3d 1210, 1215

(11th Cir. 2006) (citation and quotation omitted); Fritz v. Standard Sec. Life Ins.

Co., 676 F.2d 1356, 1358 (11th Cir. 1982) (“Under the Federal Rules, an amended

complaint supersedes the original complaint.”). In this case, once the amended

complaint was accepted by the district court, the original complaint was

superceded and there was no longer a federal claim on which the district court

could exercise supplemental jurisdiction for the remaining state law claims.

      In a similar situation, the Supreme Court recently held that “when a plaintiff

files a complaint in federal court and then voluntarily amends the complaint, courts

look to the amended complaint to determine jurisdiction.” Rockwell Int’l Corp. v.

United States, 549 U.S. __, 127 S. Ct. 1397, 1409 (2007). Rockwell concerned, in

part, whether the Court should look at the plaintiff’s original complaint or the

amended complaint to determine if certain statutory jurisdictional prerequisites

were met. Id. at 1408-09. The Supreme Court concluded that the withdrawal of

allegations in an amended complaint which had formed the basis of federal

jurisdiction defeats jurisdiction. Id.



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       Rockwell cites two other circuits in support of this proposition. In Wellness

Cmty. Nat’l v. Wellness House, 70 F.3d 46 (7th Cir. 1995), the plaintiff filed an

original complaint in federal court alleging both state and federal claims and then

amended the complaint to only include the state law claims. Id. at 48. The district

court concluded that it could exercise supplemental jurisdiction because the

original complaint had asserted a federal question. Id. at 48-49. The Seventh

Circuit reversed on appeal because the amended complaint had superseded the

original complaint and thus “there was no federal claim to which [the] state claims

could be ‘supplemental.’” Id. at 50. In Boelens v. Redman Homes, Inc., the Fifth

Circuit also found that jurisdiction must be determined by looking at the amended

complaint and concluded that “the plaintiff must be held to the jurisdictional

consequences of a voluntary abandonment of claims that would otherwise provide

federal jurisdiction.” 759 F.2d 504, 506-08 (5th Cir. 1985).

       Although this circuit has not addressed this issue in a published opinion,1 we

follow Rockwell and agree with the Fifth and Seventh Circuits that we must look

to Pintado’s amended complaint to determine whether we have subject-matter

jurisdiction.2 When Pintado amended his complaint and failed to include a Title

       1
         This issue has been addressed in an unpublished case. Riley v. Fairbanks Capital
Corp., 222 Fed. Appx. 897 (11th Cir. 2007) (unpublished).
       2
          Cases removed from state to federal court under 28 U.S.C. § 1447(c) are treated
differently. In those cases, the district court must look at the case at the time of removal to

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VII claim or any other federal claim, the basis for the district court’s subject-matter

jurisdiction ceased to exist, and the district court should have dismissed Pintado’s

state claims without prejudice. See Scarfo v. Ginsberg, 175 F.3d 957, 962 (11th

Cir. 1999) (noting that if a “district court determines that subject[-]matter

jurisdiction over a plaintiff’s federal claims does not exist, [the] court[] must

dismiss a plaintiff’s state law claims.”).

                                   IV. CONCLUSION

       Because we find that the district court did not have subject-matter

jurisdiction over Pintado’s state-law claims, we VACATE the summary judgment

order and REMAND the case to be dismissed without prejudice.




determine whether it has subject-matter jurisdiction. Later changes to the pleadings do not
impact the court’s exercise of supplemental jurisdiction. See Poore v. America-Amicable Life
Ins. Co. of Tex., 218 F.3d 1287 (11th Cir. 2000) (holding that the district court erred in not
determining whether the amount in controversy necessary to create diversity jurisdiction was
met at the time of removal); Behlen v. Merrill Lynch, Phoenix Inv. Partners, Ltd., 311 F.3d 1087
(11th Cir. 2002) (extending Poore and holding that the district court must determine whether a
federal question exists at the time of removal using the original complaint rather than after
removal under an amended complaint that dropped the federal claim). The Supreme Court noted
that “removal cases raise forum-manipulation concerns that simply do not exist when it is the
plaintiff who chooses a federal forum and then pleads away jurisdiction through amendment.”
Rockwell Int’l Corp., 549 U.S. at __ n.6, 127 S.Ct at 1409 n.6 (2007).

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