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Ivery v. Turri's Italian Foods, Inc.

United States District Court, E.D. Michigan, Southern Division
Aug 5, 2009
Case No. 09-12035 (E.D. Mich. Aug. 5, 2009)

Opinion

Case No. 09-12035.

August 5, 2009


ORDER OF PARTIAL DISMISSAL


Plaintiff filed a three-count complaint against Defendant, alleging the following causes of action: Count I, violations of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601; Count II, race discrimination in violation of Michigan's Elliott Larsen Civil Rights Act, Mich. Comp. Laws Ann. § 37.2101; and Count III, retaliation in violation of Michigan's Elliott Larsen Civil Rights Act.

While claims alleging violations of federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations in the complaint present claims based on state law. The parties to this matter are not diverse. Therefore, this court declines to exercise pendent jurisdiction over the state claims.See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); 28 U.S.C. § 1367(c). Accordingly, it is hereby ORDERED that Counts II and III DISMISSED.


Summaries of

Ivery v. Turri's Italian Foods, Inc.

United States District Court, E.D. Michigan, Southern Division
Aug 5, 2009
Case No. 09-12035 (E.D. Mich. Aug. 5, 2009)
Case details for

Ivery v. Turri's Italian Foods, Inc.

Case Details

Full title:EDDIE IVERY, Plaintiff, v. TURRI'S ITALIAN FOODS, INC., Defendant

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Aug 5, 2009

Citations

Case No. 09-12035 (E.D. Mich. Aug. 5, 2009)