Opinion
Case No. 13-14153
2013-10-22
VINCENT TICCONI and CHRISTINE TICCONI, Plaintiffs, v. MITTELSTAEDT and McNEELY, P.C., and CHRISTOPHER E. McNEELY, Defendants.
Honorable John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
Plaintiffs Vincent and Christine Ticconi filed a four-count complaint in this court, alleging the following causes of action: Count I, violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.; Count II, invasion of privacy by intrusion upon seclusion; Count III, violations of the Michigan Occupational Code; and Count IV, violations of the Michigan Collection Practices Act.
Although Plaintiffs' cause of action arising under federal law is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations of the complaint are based solely on state law. This court declines to exercise supplemental jurisdiction over Plaintiffs' 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 and IV are DISMISSED WITHOUT PREJUDICE.
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, October 22, 2013, using the ECF system.
William Barkholz
Case Manager