Opinion
Case No. 10-14507.
February 8, 2011
ORDER OF PARTIAL REMAND
Plaintiffs filed this action against the Detroit Area Agency on Aging, their former employer, alleging the following causes of action: Count I, violation of the FMLA, 29 U.S.C. § 2601 et seq.; Count II, disability discrimination under Michigan's Persons with Disabilities Civil Rights Act, Mich. Comp. Laws Ann. § 37.1101 et seq.; and Count III, violation of Michigan's Elliot-Larsen Civil Rights Act, Mich. Comp Laws Ann. 37.2101 et seq. Defendants filed timely notice of removal.
Count I gives rise to federal question jurisdiction under 28 U.S.C. § 1331. The remainder of Plaintiffs' Complaint alleges causes of action based solely on state law. In order to avoid jury confusion, the court will decline to exercise supplemental jurisdiction over the state law claims. 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).
Accordingly, it is hereby ORDERED that Counts II and III are REMANDED to the Circuit Court for the County of Wayne.
I hereby certify that on February 8, 2011, a copy of this order was served upon counsel of record using the ECF system.