HTK'S Development, Inc. v. Flint, Cit of

Filing 2

ORDER of remand of plaintiff's state law claim to Genesee County Circuit Court. Signed by District Judge Nancy G. Edmunds. (DTyl)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

HTK'S Development, Inc.,
Case No. 14-13918
Plaintiff,
Honorable Nancy G. Edmunds
v.
City of Flint,
Defendant.
/

ORDER OF REMAND OF PLAINTIFF'S STATE LAW CLAIM
Plaintiff HTK Development filed suit against Defendant in Genesee County Circuit
Court. Plaintiff's complaint seeks recovery under federal and state law. With respect to
Plaintiff's federal claim, he alleges a violation of the Fifth Amendment to the U.S.
Constitution. Defendant timely removed the matter to this Court.
Being that the parties to this matter are nondiverse, this Court declines to exercise
supplemental jurisdiction over the state law claim found in Count II of the complaint filed
in the Genesee County Circuit Court to avoid juror confusion. See 28 U.S.C. § 1367(c);
Moor v. County of Alameda, 411 U.S. 693, 716 (U.S. 1973); Padilla v. City of Saginaw, 867
F. Supp. 1309 (E.D. Mich. 1994). Thus, pursuant to 28 U.S.C. §§ 1367(c) all of the
Plaintiff's claims found in Count II are hereby REMANDED to Genesee County Circuit
Court, Case 2014-103502-CZ. This Court, therefore, retains jurisdiction only over Counts
I and III of Plaintiff's complaint.

SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: October 16, 2014

I hereby certify that a copy of the foregoing document was served upon counsel of record
on October 16, 2014, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager

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