Robinson v. Caruso et al

Filing 11

ORDER of partial dismissal. Signed by District Judge Lawrence P Zatkoff. (DPer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HEATHER ROBINSON, Plaintiff, v. PATRICIA CARUSO et al., Defendants. / ORDER TO DISMISS IN PART Plaintiff filed her complaint on September 22, 2008. The Court liberally construes Plaintiff's complaint to contain the following counts: Count I Count II Count III Count IV Count V Violation of 42 U.S.C. § 1983 Violation of 42 U.S.C. § 1983 and medical malpractice under Mich. Comp. Laws. § 600.2912 Violation of 42 U.S.C. § 1985 Violation of 42 U.S.C. §§ 1985, 1986 Violation of 42 U.S.C. § 1983 Case No. 08-14069 Hon. Lawrence P. Zatkoff

The Court has subject-matter jurisdiction over Count I, the § 1983 violation in Count II, and Counts III-V because they arise under federal law. 28 U.S.C. § 1331. The medical malpractice claim in Count II, however, is based on 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." Id. § 1367(c)(4). The Court declines to exercise supplemental jurisdiction over Plaintiff's state-law claim

in this matter. The Court finds that the contemporaneous presentation of Plaintiff's parallel state claim for relief will result in the undue confusion of the jury. See id.; 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 claim (medical malpractice in Count II) is hereby DISMISSED without prejudice. The Court retains jurisdiction over Plaintiff's federal claims (Count I, § 1983 violation in Count II, and Counts III-V). IT IS SO ORDERED. s/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: November 25, 2008 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 November 25, 2008. s/Marie E. Verlinde Case Manager [phone]