Opinion
Case No. 12-11168
04-11-2012
LINDSAY KLESKO, Plaintiff, v. MICHAEL SMITH, LAW OFFICE OF MICHAEL J. SMITH & ASSOCIATES, P.C., Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On March 15, 2012, Plaintiff Lindsay Klesko filed her complaint alleging sexual harassment in violation of Title VII of the Civil Rights Act and the Elliott-Larsen Civil Rights Act. Plaintiff does not allege diversity jurisdiction. Although Plaintiff's Title VII claim is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present 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 Plaintiff's Elliott-Larsen Civil Rights Act claim 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, April 11, 2012, using the ECF system.
William Barkholz
Case Manager