Opinion
Case No. 09-10636.
February 27, 2009
ORDER OF PARTIAL DISMISSAL
On February 20, 2009, Plaintiffs filed their complaint, which alleges violations of the Employee Retirement Income Security Act of 1974 ("ERISA") and the Michigan Builders Trust Fund Act, M.C.L. § 570.151 et seq. Although Plaintiffs' ERISA claim is cognizable in this court pursuant to 28 U.S.C. § 1331, Plaintiffs' Michigan Builders Trust Fund Act claim arises under state law. Pursuant to 28 U.S.C. § 1367(c), a district court may decline to exercise supplemental jurisdiction over state law claims raised in federal question cases. See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). This court declines to exercise supplemental jurisdiction over Plaintiffs' state law claim to avoid jury confusion.
Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Michigan Builders Trust Fund Act claim is DISMISSED.