Opinion
Case No. 06-10820.
March 13, 2006
ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIM
Plaintiff filed her Complaint on February 23, 2006. Plaintiff's Complaint contains the following four counts:
Count I Violation Freedom of Association;
Count II Violation of Right to Intimate Association;
Count III Violation of Freedom of Speech; and
Count IV Defamation.
See Complaint.
The Court has subject matter jurisdiction over Counts I, II and III, because they arise under federal law. See 28 U.S.C. § 1331. Count IV, however, is 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 claim in this matter. The Court finds that the contemporaneous presentation of Plaintiff's parallel state claim 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 claim of Defamation (Count IV) is hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claims (Counts I, II, and III).
IT IS SO ORDERED.