Ludi et al v. Maylone et al

Filing 4

ORDER PARTIALLY REMANDING CASE to Wayne County Circuit Court. Signed by District Judge Nancy G. Edmunds. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MUSLEH LUDI and NARGIS SULTANA,
Case No. 16-14410
Plaintiffs,
Honorable Nancy G. Edmunds
v.
THERESA MAYLONE and JEROME
WREN,
Defendants.
/

ORDER OF REMAND AS TO PLAINTIFFS' STATE LAW CLAIMS
Plaintiffs Musleh Ludi and Nargis Sultana filed this suit against two Michigan State
Police Officers seeking, among other things, the return of certain property seized during a
search of their residence. The Complaint alleges violations of the United States Constitution
under 42 U.S.C. § 1983. Additionally, Plaintiffs have filed two state law claims for
conversion. On December 20, 2016, Defendants properly removed the matter to this
Court.
Seeing as the parties to this matter are non-diverse, this Court declines to exercise
supplemental jurisdiction over the state law claims pled in Counts I and II of the Complaint.
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), Plaintiffs' State law claims are hereby REMANDED to Wayne County
Circuit Court, 16-012216-NZ. This Court will retain jurisdiction over Plaintiffs' federal claims
only.

SO ORDERED
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge

Dated: February 1, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record
on February 1, 2017, by electronic and/or ordinary mail.
s/Carol J. Bethel
Case Manager

2