Bysouth v. Fleet Management et al

Filing 64

OPINION AND ORDER DENYING PLAINTIFFS MOTION TO AMEND THE COMPLAINT 57 . Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KELLY BYSOUTH,
Case No. 14-cv-13654

Plaintiff,

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
FLEET MANAGEMENT, et al.,

UNITED STATES MAGISTRATE JUDGE
R. STEVEN WHALEN

Defendants.
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OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO AMEND THE COMPLAINT [57]
This matter is before the Court on Plaintiff Kelly Bysouth’s Motion for Leave to Amend
the Complaint [57], filed on October 27, 2015. The Plaintiff sought to add new parties to her
action. On December 22, 2015, this Court ordered Plaintiff to show cause as to why her claims
against the new parties were not barred by the statute of limitations. See Dkt. No. 62.
On January 4, 2016, Plaintiff conceded that her claims under the Fair Debt Collection
Practice Act against the new defendants had expired. See Dkt. No. 63 (Pg. ID No. 380).
Plaintiff’s state law claims however are governed by a six-year statute of limitations, which has
yet to expire. Plaintiff requested that this Court exercise supplemental jurisdiction over her state
law claims under 28 U.S.C. § 1367(a).
Under the standard enunciated in United Mine Workers v. Gibbs, 83 U.S. 715 (1966) and
codified in 28 U.S.C. § 1367(c), this Court has broad discretion to exercise its supplemental
jurisdiction. Even where “the [Court] arguably [has] supplemental jurisdiction over the state law
claims pursuant to 28 U.S.C. § 1367 (a), the Court has discretion to decline to exercise its

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supplemental jurisdiction…” Cirasuola v. Westrin, 1997 WL 472176, at *1 (6th Cir. Aug. 18
1997).
As the Supreme Court held in City of Chicago v. International College of Surgeons,
That § 1367(a) authorizes district courts to exercise supplemental jurisdiction over
state law claims . . . does not mean that the jurisdiction must be exercised in all
cases. The district courts can decline to exercise pendent jurisdiction over such
claims in the interests of judicial economy, convenience, fairness, and comity.
522 U.S. 156, 158, 118 S. Ct. 523, 526, 139 L. Ed. 2d 525 (1997).
Accordingly, supplemental jurisdiction over the Plaintiff’s state law claims is DENIED.
The hearing on the matter, scheduled for January 19, 2016 at 11:00 a.m., being no longer
necessary is hereby CANCELED.
IT IS SO ORDERED.
Dated: January 7, 2016
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

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