Opinion
Case No. 06-10674.
February 24, 2006
ORDER OF PARTIAL DISMISSAL
On February 16, 2006, Plaintiffs filed a complaint alleging as follows: Count I, 42 U.S.C. § 1983, violation of due process rights; Count II, 42 U.S.C. § 1983, deprivation of equal protection; Count III, violation of Title VII of the Civil Rights Act of 1964; and Count IV, violation of the Michigan Elliott-Larsen Civil Rights Act. Plaintiffs do not allege that diversity jurisdiction exists. Although Counts I, II, and III are 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 Plaintiffs' 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 IV of Plaintiffs' Complaint is DISMISSED.