Hubert v. PNC Bank, National Association

Filing 5

ORDER Remanding Plaintiff's State Law Claims to Oakland County Circuit Court. Signed by District Judge Lawrence P Zatkoff. (BSoc)

-RSW Hubert v. PNC Bank, National Association

Doc. 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DONNA J. HUBERT, Plaintiff, v. PNC BANK, NATIONAL ASSOCIATION, Defendant. / ORDER REMANDING PLAINTIFF'S STATE LAW CLAIMS Defendant filed its notice of removal to this Court on September 24, 2010, alleging federal subject-matter jurisdiction on the basis of a federal question. Plaintiff's complaint, filed in the Oakland County Circuit Court, alleges the following counts: Count I Count II Count III Count IV Count V Count VI Count VII Injunctive Relief (based on state law) Violation of Mich. Comp. Laws § 600.3205c Violations of RESPA (12 U.S.C. §§ 2601-2617) Violation of Home Affordable Modification Program Intentional Misrepresentation Promissory Estoppel Unfair Competition Case No. 10-13831 Hon. Lawrence P. Zatkoff

A civil action brought in a state court, of which the federal district courts have original subject-matter jurisdiction, may be removed by the defendant or defendants to a federal district court. 28 U.S.C. § 1441(a). Federal district courts have original subject-matter jurisdiction over cases arising under federal law. 28 U.S.C. § 1331. The Court has subject-matter jurisdiction over

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Counts III and IV because they arise under federal law. 28 U.S.C. § 1331. Counts I, II, V, VI, and VII, however, are based on state law. Although the Court has supplemental jurisdiction over statelaw 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 claims in this matter. The Court finds that Plaintiff's state-law claims raise novel and complex issues of state law that would be more appropriately adjudicated by the state court. See id. § 1367(c)(1). Accordingly, IT IS ORDERED that Plaintiff's state-law claims (Counts I, II, V, VI, and VII) are hereby REMANDED to the Oakland County Circuit Court. The Court retains jurisdiction over Plaintiff's federal claims (Counts III and IV). IT IS SO ORDERED. S/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: October 6, 2010 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 October 6, 2010. S/Marie E. Verlinde Case Manager [phone]

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