Opinion
Case No. 05-72695.
October 4, 2005
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS
Plaintiff filed its Complaint on July 7, 2005. Plaintiff's Complaint contains the following four counts:
Count I Age Discrimination — Age Discrimination in Employment Act Count II Age Discrimination — Elliot Larsen Civil Rights Act Count III Gender Discrimination — Title VII Count IV Sex Discrimination — Elliot Larsen Civil Rights Act
The Court has subject matter jurisdiction over Plaintiff's federal claims (Counts I and III), because they arise under federal law. See 28 U.S.C. § 1331. Counts II and IV, 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 of Age Discrimination (Count II), and Sex Discrimination (Count IV) are hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claims of Age Discrimination (Count I) and Gender Discrimination (Count III).
IT IS SO ORDERED.