Opinion
Case No. 11-10818.
May 12, 2011
ORDER OF PARTIAL DISMISSAL
On February 28, 2011, Plaintiff Raymond J. Carey filed a complaint against Foley Lardner LLP, setting forth the following causes of action: Count I, breach of contract; Count II, promissory estoppel, Count III, fraudulent misrepresentation; Count IV, conversion; Count V, unjust enrichment; Count VI, gender discrimination under state law; Count VII, race discrimination under state law; Count VIII, age discrimination under state law; and Count IX, violation of the Equal Pay Act.
The complaint contains three counts labeled as "Count VII." The court has re-labled the claims in order for convenience.
Foley Lardner LLP is organized as a limited liability partnership. For purposes of diversity jurisdiction, Foley Lardner is a citizen of the every state in which its partners reside. See V M Star, LP v. Centimark Corp., 596 F.3d 354, 355-56 (6th Cir. 2010). Foley Lardner has partners in Michigan, including Plaintiff. Accordingly, diversity jurisdiction does not exist here.
Plaintiff's only federal claim arises under the Equal Pay Act. Although this claim is cognizable in this court pursuant to 28 U.S.C. § 1331, Plaintiff's remaining eight claims are based upon state law. The court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, because it concludes that they "substantially predominate" over the Equal Pay Act claim. 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 Plaintiffs' state law claims are DISMISSED WITHOUT PREJUDICE.