Opinion
Case No. 12-10076
01-27-2012
Hon. John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
On January 9, 2012, Plaintiff filed her complaint alleging violations of the Fair Debt Collection Practices Act (Count I) and the Michigan Occupational Code (Count II). 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 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 Count II of Plaintiff's complaint 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, January 27, 2012, using the ECF system.
William Barkholz
Case Manager