Opinion
Case No. 16-13098
09-13-2016
HAZELL HAYES and MELVIN SHORT, Plaintiffs, v. CITY OF DETROIT, et al., Defendants.
ORDER OF PARTIAL DISMISSAL
Plaintiffs filed their complaint on August 26, 2016, alleging the following counts: Count I, violation of 42 U.S.C. § 1983; Count II, violation of § 1983; Count III, conversion; and Count IV, intentional infliction of emotional distress.
Although Counts I and II are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based on state law. This court declines to exercise supplemental jurisdiction over Plaintiffs' state law 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); Sanford v. Detroit Pub. Schs., 2014 WL 1922722 (E.D. Mich. 2014) ("Mixing federal-law claims with supplemental state-law claims can cause procedural and substantive problems; in the interest of judicial economy and convenience, these problems should be avoided.").
Accordingly, Counts III and IV of Plaintiffs' complaint are DISMISSED WITHOUT PREJUDICE.
SO ORDERED.
s/John Corbett O'Meara
United States District Judge Date: September 13, 2016
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, September 13, 2016, using the ECF system.
s/William Barkholz
Case Manager