Opinion
Case No. 11-15616
01-27-2012
CECIL BRANCH, Plaintiff, v. SCHOSTAK BROTHERS & COMPANY, INC., and PAULA GOLDMAN-SPINNER, Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On December 22, 2011, Plaintiff filed a complaint alleging the following causes of action: Count I, Family and Medical Leave Act ("FMLA"); Count II, FMLA retaliation; Count III, Americans with Disabilities Act ("ADA"); Count IV, ADA retaliation; Count V, Michigan Persons with Disabilities Civil Rights Act; Count VI, intentional infliction of emotional distress; and Count VII, violation of the Bullard-Plawecki Employee Right to Know Act.
Diversity jurisdiction is not present. Although Counts I through IV are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
Therefore, IT IS HEREBY ORDERED that Counts V, VI, and VII of Plaintiff's complaint are DISMISSED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, January 27, 2012, using the ECF system.
William Barkholz
Case Manager