Supplemental Jurisdiction

Are there two claims?

Yes
NO

Does one of them have primary jurisdictional basis?

Yes NO

Does the court have the power to take the claim?

Article 3: Does the claim (including 3rd party joinder) form

part of the same case or controversy as the original claim?

Statute: Does it pass the CNOF/Gibbs test under Section

1367(a)?

NO
Yes
Does the B-bar
apply?
NO
Is the primary jurisdictional basis diversity?

Yes

Is the plaintiff adding the claim? NO

Yes

Is the claim against a 3rd party added under

R14, R19, R20, or R24?
NO
Yes

Supplemental claim dismissed to

state court, Check for 1367 (c ) factor such that the court should exercise
discretion and dismiss. Otherwise, claim may be adjudicated.
Original claim kept.