Opinion
Case No. 13-10061
02-27-2013
ROBERT VELLA, Plaintiff, v. ADELL BROADCASTING CORPORATION, Defendant.
Honorable John Corbett O'Meara
ORDER OF PARTIAL DISMISSAL
Plaintiff Robert Vella filed a two-count complaint in this court January 8, 2013. Plaintiff alleges violations of the Employee Retirement Income Security Act ("ERISA") in Count I and violations of Michigan's Persons with Disabilities Civil Rights Act in Count II.
Although Plaintiff's cause of action arising under the federal statute is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based solely on state law. This court declines to exercise supplemental jurisdiction over Plaintiff's state law claim 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 Count II is 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, February 27, 2013, using the ECF system.
William Barkholz
Case Manager