Opinion
Case No. 07-15017.
December 11, 2007
ORDER OF PARTIAL DISMISSAL
Plaintiffs filed a two-count complaint in this court November 26, 2007, alleging a violation of the Employee Retirement Income Security Act ("ERISA") in Count I and "Violation of Michigan Public Policy Workers' Compensation Retaliation" in Count II.
While the claim alleging violations of federal law is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations in the complaint present a claim based on state law. The parties to this matter are not diverse. Therefore, this court declines to exercise pendent jurisdiction over the state claim. See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); 28 U.S.C. § 1367(c).
Accordingly, it is hereby ORDERED that Count I is DISMISSED.