Opinion
Case No. 13-11309
05-02-2013
STEVEN C. JAHN, Personal Representative of the Estate of STEVEN JACOB JAHN, Deceased, Plaintiff, v. WILLIAM T. FARNSWORTH, THOMAS L. VALKO, PATRICIA L. SPEILBERG and MARYSVILLE PUBLIC SCHOOLS a/k/a MARYSVILLE SCHOOL DISTRICT, a Michigan Statutory Public School District, Defendants.
Honorable Nancy G. Edmunds
ORDER OF DISMISSAL AS TO PLAINTIFF'S STATE LAW CLAIMS
Plaintiff Steven C. Jahn, Personal Representative of the Estate of Steven Jacob Jahn, Deceased, filed suit against Defendants, William T. Farnsworth, Thomas L. Valko, Patricia L. Speilberg and Marysville Public Schools a/k/a Marysville School District, a Michigan Statutory Public School District, in this Court on March 25, 2013.
While Plaintiff's complaint does allege violations of 42 U.S.C. § 1983, and the United States Constitution, Plaintiff's complaint also presents claims based on state law. Since the parties to this matter are nondiverse, this Court declines to exercise supplemental jurisdiction over the latter claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); Moor v. County of Alameda, 411 U.S. 693, 716 (U.S. 1973); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Thus, pursuant to 28 U.S.C. § 1367(c), all of Plaintiff's claims based on state law, including, but not limited to, negligence (Count II), and intentional or reckless infliction of emotional distress (Count IV), are hereby DISMISSED WITHOUT PREJUDICE. This Court will retain jurisdiction over Plaintiff's federal claims only.
SO ORDERED.
______________________________
Nancy G. Edmunds
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on May 2, 2013, by electronic and/or ordinary mail.
Johnetta M. Curry-Williams
Case Manager
Acting in the Absence of Carol A. Hemeyer