Opinion
Case No. 06-10530.
March 13, 2006
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIM
Plaintiff filed her Complaint on January 3, 2006, in Livingston County Circuit Court. Defendant removed the action on February 6, 2006, and the basis of federal question jurisdiction Plaintiff's Complaint contains the following two counts:
Count I Age Discrimination in violation of the Elliott-Larsen Civil Rights Act; and
Count II Violation of § 1983 (Freedom of Speech).
See Complaint.
The Court has subject matter jurisdiction over Count II, because it arises under federal law. See 28 U.S.C. § 1331. Count I, 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 Plaintiff's state law claim 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 claim of Age Discrimination (Count I) is hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claims (Count II).
IT IS SO ORDERED.