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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?