Hill v. Lincoln Consolidated School District et al

Filing 3

ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS Signed by Honorable Lawrence P Zatkoff. (MVer, )

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Hill v. Lincoln Consolidated School District et al Doc. 3 Case 2:06-cv-11818-LPZ-DAS Document 3 Filed 04/28/2006 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TANYA HILL, Plaintiff, v. LINCOLN CONSOLIDATED SCHOOL DISTRICT and LYNN CLEARY, Defendants. _________________________________________/ ORDER REMANDING PLAINTIFF'S STATE LAW CLAIMS Plaintiff filed her Complaint on March 24, 2006, in Washtenaw County Circuit Court. Defendants removed the case to this Court on April 17, 2006. Plaintiff's Complaint contains the following four counts: Count I Count II Count III Count IV See Complaint. The Court has subject matter jurisdiction over Count I, because it arises under federal law. See 28 U.S.C. 1331. Counts II, III, and IV, however, are based upon state law. Although the Court has supplemental jurisdiction over state law claims pursuant to 28 U.S.C. 1367(a), the Court may decline to exercise supplemental jurisdiction if there are "compelling reasons for declining jurisdiction." See 28 U.S.C. 1367(c)(4). The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in this matter. The Court finds that the contemporaneous Violation of 42 U.S.C. 1983; Slander Per Se; Libel Per Se; and Intentional Infliction of Emotional Distress. CASE NO. 06-11818 HON. LAWRENCE P. ZATKOFF Dockets.Justia.com Case 2:06-cv-11818-LPZ-DAS Document 3 Filed 04/28/2006 Page 2 of 2 presentation of Plaintiff's parallel state claim for relief will result in the undue confusion of the jury. See 28 U.S.C. 1367(c)(4); see also Padilla v. City of Saginaw, 867 F. Supp. 1309, 1315 (E.D. Mich. 1994). Accordingly, IT IS ORDERED that Plaintiff's state law claims of Slander Per Se (Count II), Libel Per Se (Count III), and Intentional Infliction of Emotional Distress(Count IV) are hereby REMANDED to Washtenaw County Circuit Court. The Court retains jurisdiction over Plaintiff's federal claim (Count I). IT IS SO ORDERED. s/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: April 28, 2006 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on April 28, 2006. s/Marie E. Verlinde Case Manager (810) 984-3290 2

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