Opinion
Case No. 10-10196.
February 10, 2010
ORDER OF PARTIAL DISMISSAL
On January 15, 2010, Plaintiffs filed a complaint with the following causes of action: Count I, violation of ERISA; Count II, violation of collective bargaining agreement/LMRA; Count III, breach of fiduciary duties under ERISA and the Michigan Builders Trust Fund Act ("MBTFA"); Count IV, violation of the MBTFA. Although the ERISA and LMRA claims 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 Plaintiffs' MBTFA 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).
Accordingly, IT IS HEREBY ORDERED that Plaintiffs' claims under the Michigan Builders Trust Fund Act are DISMISSED.