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Bush v. Chippewa Valley School District

United States District Court, E.D. Michigan, Southern Division
Mar 13, 2006
Case No. 06-10684 (E.D. Mich. Mar. 13, 2006)

Opinion

Case No. 06-10684.

March 13, 2006


ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS


Plaintiff filed her Complaint on February 16, 2006. Plaintiff's Complaint contains the following four counts:

Count I Sexual Harassment in Violation of the Elliot Larsen Civil Rights Act;

Count II Violation of the Family Medical Leave Act;

Count III Violation (Retaliation) of the Family Medical Leave Act; and
Count IV Retaliation in Violation of the Elliot Larsen Civil Rights Act.
See Complaint.

The Court has subject matter jurisdiction over Count II and III, because they arise under federal law. See 28 U.S.C. § 1331. Counts I and IV, however, are based upon state law. Although the Court has supplemental jurisdiction over state law claims pursuant to 28 U.S.C. § 1367(a), the Court may decline to exercise supplemental jurisdiction 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 claim for relief will result in the undue confusion of the jury. See 28 U.S.C. § 1367(c)(4); see also Padilla v. City of Saginaw, 867 F. Supp. 1309, 1315 (E.D. Mich. 1994).

Accordingly, IT IS ORDERED that Plaintiff's state law claims of Sexual Harassment and Retaliation (Counts I and IV) are hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claims (Count II and III).

IT IS SO ORDERED.


Summaries of

Bush v. Chippewa Valley School District

United States District Court, E.D. Michigan, Southern Division
Mar 13, 2006
Case No. 06-10684 (E.D. Mich. Mar. 13, 2006)
Case details for

Bush v. Chippewa Valley School District

Case Details

Full title:CHARLOTTE BUSH, Plaintiff, v. CHIPPEWA VALLEY SCHOOL DISTRICT, Defendant

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Mar 13, 2006

Citations

Case No. 06-10684 (E.D. Mich. Mar. 13, 2006)