Opinion
Case No. 12-11808
05-04-2012
SANDRA LEY, Plaintiff, v. DYCK O'NEAL, INC., a Texas corporation, Defendant.
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On April 23, 2012, Plaintiff filed her complaint alleging as follows: Count I, Fair Debt Collection Practices Act; Count II, Michigan Occupational Code; and Count III, Michigan Collection Practices Act. Plaintiff does not allege that diversity jurisdiction exists. 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. 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 and III 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, May 4, 2012, using the ECF system.
William Barkholz
Case Manager