Opinion
Case No. 12-11621
06-07-2012
GREGORY ROSE, Plaintiff, v. NATIONWIDE COLLECTION AGENCIES, INC. d/b/a MONEY RECOVERY NATIONWIDE, Defendant.
Honorable John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
Plaintiff Gregory Rose filed a three-count complaint in this court alleging the following causes of action: Count I, violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692a; Count II, violations of Michigan's Occupational Code; and Count III, violations of Michigan's Collection Practices Act.
Although Plaintiff's claim under the FDCPA is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based solely on state law. The parties to this action are not diverse. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in order to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Accordingly, it is hereby ORDERED that Counts II and III of the 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, June 7, 2012, using the ECF system.
William Barkholz
Case Manager