Sims v. JPMorgan Chase Bank, N.A.

Filing 6

ORDER PARTIALLY REMANDING CASE to Oakland County Circuit Court. Signed by District Judge Sean F Cox. (PPau)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Charlotte Sims, Plaintiff, v. Chase Home Finance, LLC, Defendants. _________________________________/ ORDER REMANDING STATE LAW CLAIM Plaintiff filed this action in Oakland County Circuit Court alleging the following two claims: "Count I ­ R.E.S.P.A. 12 U.S.C. § 2601 et seq.;" and "Count II ­ Violation of M.C.L. § 600.3205a." jurisdiction. Although this Court has federal question jurisdiction over Count I, the remaining count is based on state law. The applicable statute regarding supplemental jurisdiction, 28 U.S.C. § 1367, provides, in pertinent part, that district courts may decline to exercise supplemental jurisdiction over a claim when: 1) the claim raises a novel or complex issue of State law; 2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction; 3) the district court has dismissed all claims over which it has original jurisdiction, or 4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction. 28 U.S.C. § 1367(c). Defendant removed the action to this Court, asserting federal question Case No. 10-12230 Honorable Sean F. Cox

Having reviewed the state law claims in Plaintiff's complaint, this Court concludes that Plaintiff's state-law claim predominates. 28 U.S.C. § 1367(c)(2). In addition, the Court finds that the potential for jury confusion in this case would be great if Plaintiff's federal claim were presented to a jury along with Plaintiff's state-law claim. Thus, the potential for jury confusion is yet another reasons for this Court to decline to exercise supplemental jurisdiction over Plaintiff's state-law claims. United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F.Supp. 1309 (E.D. Mich. 1994); 28 U.S.C. § 1367(c)(4). Accordingly, IT IS ORDERED that Count II of Plaintiff's Complaint is hereby REMANDED to Oakland County Circuit Court. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: September 8, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 8, 2010, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager