Opinion
Case No. 12-13555
09-10-2012
JUSTIN SWAIN, Plaintiff, v. EAGLE RECOVERY ASSOCIATES, INC., Defendant.
Honorable John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
Plaintiff Justin Swain filed a five-count complaint in this court August 10, 2012, alleging the following causes: Count I, violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et. seq.; Count II, violations the Michigan Collection Practices Act ("MCPA"), Mich. Comp. Laws Ann. §§ 445.251 et. seq.; Count III, violations of the Michigan Occupational Code ("MOC"), Mich. Comp. Laws Ann. §§ 339.901 et seq.; Count IV, invasion of privacy; Count V, intentional infliction of emotional distress.
Plaintiff has not established that the court has federal subject matter jurisdiction through diversity of citizenship. Although defendant Eagle Recovery Associates ("ERA") may be an Illinois company, Plaintiff has failed to allege ERA's state of incorporation and principal place of business. See, 28 U.S.C. § 1332(c)(1). In addition, Plaintiff seeks damages less than an amount in excess of $75,000.00 as required by 28 U.S.C. § 1332(a).
The court does have subject matter jurisdiction over Count I, as it presents a federal question arising under the FDCPA. However, 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).
Therefore, it is hereby ORDERED that Counts II, III, IV, and V 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, September 10, 2012, using the ECF system.
William Barkholz
Case Manager