Opinion
Case No. 10-14737.
December 21, 2010
ORDER OF PARTIAL REMAND
Plaintiff filed this action against The Kroger Company, her former employer, and two coworkers, alleging the following causes of action: Count I, wrongful discharge/breach of contract; Count II, tortious interference with business relationship and expectancy; Count III defamation; Count IV, self-compelled defamation; Count V, interference with ERISA benefits under 29 U.S.C. § 1140; and Count VI, disability discrimination under Michigan's Persons with Disabilities Civil Rights Act, Mich. Comp. Laws Ann. §§ 37.1101 et seq. Defendants filed timely notice of removal.
Counts I and II are preempted by Section 301 of the Labor Management Relations Act and give rise to federal question jurisdiction under 28 U.S.C. § 1331. The court also has federal subject matter jurisdiction over Plaintiff's allegations regarding violations of ERISA. However, the remainder of Plaintiff's First Amended Complaint alleges causes of actions based solely on state law. In order to avoid jury confusion, the court will decline to exercise supplemental jurisdiction over the state law claims. 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 III, IV, and VI are REMANDED to the Circuit Court for the County of Macomb.