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Zimmer v. Stathakis, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Nov 13, 2012
Case No. 12-14463 (E.D. Mich. Nov. 13, 2012)

Opinion

Case No. 12-14463

11-13-2012

GARY L. ZIMMER, Plaintiff, v. STATHAKIS, INC., and NINA SCHWAGLE, jointly and severally, Defendants.


Honorable John Corbett O'Meara


ORDER OF PARTIAL DISMISSAL

Plaintiff Gary L. Zimmer recently filed a two-count complaint in this court October 9, 2012, alleging retaliation in violation of federal law in Count I and retaliation in violation of Michigan law in Count II.

Although Plaintiff's cause of action arising under federal law is cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Count II are 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 of the complaint 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, November 14, 2012, using the ECF system.

William Barkholz

Case Manager


Summaries of

Zimmer v. Stathakis, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Nov 13, 2012
Case No. 12-14463 (E.D. Mich. Nov. 13, 2012)
Case details for

Zimmer v. Stathakis, Inc.

Case Details

Full title:GARY L. ZIMMER, Plaintiff, v. STATHAKIS, INC., and NINA SCHWAGLE, jointly…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Nov 13, 2012

Citations

Case No. 12-14463 (E.D. Mich. Nov. 13, 2012)