Opinion
No. 06-10967.
March 23, 2006
ORDER OF PARTIAL DISMISSAL
Plaintiff Lynda Garbe filed a six-count complaint in this court March 3, 2006, alleging federal and state claims for sex discrimination, sex harassment, violations of the Americans with Disabilities Act and its Michigan counterpart, age discrimination, retaliation, and intentional infliction of emotional distress.
While alleged violations of federal law are cognizable in this court pursuant to 28 U.S.C. §§ 1343, portions of Counts I-V and all of Count VI are based solely on state law. Since the parties to this matter are not diverse, this court declines to exercise supplemental jurisdiction over these 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 I-V, to the extent they allege violations of Michigan law, are DISMISSED.
It is further ORDERED that Count VI is dismissed.