Opinion
Case No. 05-74019.
November 10, 2005
ORDER TO REMAND
Plaintiff filed a complaint in the Wayne County Circuit Court on September 21, 2005. Defendants removed the action to this Court on October 20, 2005. Plaintiff's complaint contains the following three counts:
Count I Seizure of property in violation of 42 U.S.C. § 1983;
Count II Violation of M.C.L. 565.108; and
Count III Trespass.
See Complaint.
The Court has subject matter jurisdiction over Count I, because it arises under federal law. See 28 U.S.C. § 1331.
Counts II and III, however, are based upon state law. Although the Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367(a), the Court may decline to exercise supplemental jurisdiction over a state law claim if there are "compelling reasons for declining jurisdiction." See 28 U.S.C. § 1367(c)(4). The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in this matter. The Court finds that the contemporaneous presentation of Plaintiff's parallel state claims for relief will result in the undue confusion of the jury. See 28 U.S.C. § 1367(c)(4); see Padilla v. City of Saginaw, 867 F. Supp. 1309, 1315 (E.D. Mich. 1994).
Accordingly, IT IS ORDERED that Plaintiff's state law claims (Counts II and III) are REMANDED to the Wayne County Circuit Court. The Court retains jurisdiction over Plaintiff's federal claim (Count I).
IT IS SO ORDERED.