Janette v. American Fidelity Group, Ltd.

Full title: DIXIE JANETTE, Plaintiff, v. AMERICAN FIDELITY GROUP, LTD., a foreign…

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

Date published: Jan 10, 2006

Case No. 05-74796 (E.D. Mich. Jan. 10, 2006)

Opinion

Case No. 05-74796.

January 10, 2006

ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS

LAWRENCE ZATKOFF, District Judge

Plaintiff filed her Complaint on December 19, 2005. Plaintiff's Complaint contains the following three counts:

Count I Violation of the Americans with Disabilities Act;

Count II Violation of the Michigan Persons with Disabilities Act; and

Count III Breach of Contract.

See Complaint.

The Court has subject matter jurisdiction over Count I, because it arises under federal law. See 28 U.S.C. § 1331. Counts II and III, however, are 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 claims in this matter. The Court finds that the contemporaneous presentation of Plaintiff's parallel state claims 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 claims regarding the Michigan Persons with Disabilities Act and Breach of Contract (Counts II and III) are hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claim (Count I).

IT IS SO ORDERED.