Opinion
Case No. 06-11033.
May 11, 2006
ORDER OF PARTIAL DISMISSAL
Plaintiff Linda Grosslight filed a six-count complaint in this court March 9, 2006, alleging the following causes of action: Count I, violation of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601; Counts II and III, violations of the ADEA, 29 U.S.C. § 621; Counts IV and V, violations of Michigan's Elliot-Larsen Civil Rights Act; and Count VI, intentional infliction of emotional distress.
While alleged violations of federal law are cognizable in this court pursuant to 28 U.S.C. § 1343, Counts IV, V, and 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 IV, V, and VI are DISMISSED.