Opinion
Case No. 06-11728.
April 28, 2006
ORDER DISMISSING PLAINTIFFS' STATE LAW CLAIM
Plaintiffs filed their Complaint on April 10, 2006. Plaintiffs' Complaint contains the following three counts:
Count I Racial discrimination in violation of Title VII;
Count II Racial discrimination in violation of § 1981; and
Count III Violation of the Elliott-Larsen Civil Rights Act.See Complaint.
The Court has subject matter jurisdiction over Counts I and II, because they arise under federal law. See 28 U.S.C. § 1331. Count III, however, is 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 Plaintiffs' state law claim in this matter. The Court finds that the contemporaneous presentation of Plaintiffs' 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 Plaintiffs' state law claim of Violation of the Elliott-Larsen Civil Rights Act (Count III) is hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiffs' federal claims (Counts I and II).
IT IS SO ORDERED.