Opinion
Case No. 12-13178
08-16-2012
LORI JAGIELSKI, Plaintiff, v. CHARTER TOWNSHIP OF FENTON, et al., Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On July 19, 2012, Plaintiff filed her complaint alleging the following causes of action: Count I, sex discrimination in violation of Title VII; Count II, sex discrimination in violation of the Michigan Elliott-Larsen Civil rights Act; Count III, violation of equal protection pursuant to 42 U.S.C. § 1983; Count IV, denial of due process pursuant to § 1983. Plaintiff does not allege diversity jurisdiction. Although Counts I, III, and IV are cognizable in this court pursuant to 28 U.S.C. § 1331, Count II presents a claim based on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claim 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).
Accordingly, IT IS HEREBY ORDERED that Count II of Plaintiff's complaint is DISMISSED.
John Corbett O'Meara
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, August 16, 2012, using the ECF system.
William Barkholz
Case Manager