Opinion
Case No. 13-10233
04-19-2013
SHA TIKA AMERSON, Plaintiff, v. ART CENTER & CARRIAGE HOMES; JOEL S. WEBBER; LOFT WAREHOUSE; BANK OF AMERICA N.A.; SECURITIES AND EXCHANGE COMMISSION Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
Plaintiff Sha Tika Amerson filed an eight-count complaint in this matter alleging the following causes of action: Count I, breach of contract; Count II, "violation of contract also validation" under REMIC law and the Federal Real Estate Procedures Act, 12 U.S.C. § 2601 et seq.; Count III, violation of the servicer performance agreement under The Federal Real Estate Procedures Act, 12 U.S.C. § 2601 et seq.; Count IV, violation of the Uniform Commercial Code; Count V, failure of validation under REMIC law; Count VI, silent fraud in violation of the "Gramm-Leach-Act" [sic];Count VII, violation of Mich. Comp. Laws § 600.2918; and Count VIII, unjust enrichment.
Although Plaintiff's causes of action arising under federal statues are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based solely on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in order to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
Therefore, it is hereby ORDERED that Counts I, VII, and VIII are DISMISSED.
John Corbett O'Meara
United States District Judge
I hereby certify that on April 19, 2013 a copy of this order was served upon Plaintiff at 303 East Palmer, Unit 15, Detroit, Michigan 48202 by first-class U.S. mail.
William Barkholz
Case Manager