Opinion
Case No. 12-11170
04-11-2012
GENE KOHUT, as Trustee of the Bankruptcy Estate of ROGER LONG, Debtor, Plaintiff, v. CREDIT ACCEPTANCE CORPORATION and DOE REPOSSESSION COMPANY, Defendants.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On March 16, 2012, Plaintiff filed his complaint alleging the following counts: Count I, Fair Debt Collection Practices Act; Count II, Michigan Occupational Code; Count III, common law conversion; Count IV, statutory conversion; Count V, Motor Vehicle Sales Finance Act; Count VI, Credit Reform Act; and Count VII, Uniform Commercial Code. Plaintiff does not allege diversity jurisdiction. Although Count I is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims so as to avoid jury confusion and because the state claims predominate. 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 Counts II-VII of Plaintiff's complaint are 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