Petrou et al v. Christopher John Robert Laycock LLC et al

Filing 20

ORDER Declining to Exercise Supplemental Jurisdiction Over Plaintiff's State Law Claims. Signed by District Judge Sean F. Cox. (JMcC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Myria Petrou and Bradley Foerster, Plaintiffs, v. Civil Case No. 17-11508 Christopher John Robert Laycock LLC et al., Sean F. Cox United States District Court Judge Defendants. _______________________________/ ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS’ STATE-LAW CLAIMS Plaintiff filed this action on May 11, 2017 (Doc. # 1). The complaint contains one federal claim brought under 42 U.S.C. § 1983 (Count V) and six state-law claims. Plaintiffs ask the Court to exercise supplemental jurisdiction over these claims. A district court may decline to exercise supplemental jurisdiction over a claim where “the claim substantially predominates over the claim or claims over which the district court has original jurisdiction.” 28 U.S.C. § 1367(c)(2). Here, the Court concludes that the state-law claims, which outnumber the federal claim six-to-one, predominate. The Court also finds that there is a substantial potential for jury confusion if Plaintiffs’ federal claim was presented to a jury alongside Plaintiffs’ state-law claims. The potential for jury confusion is yet another reasons for this Court to decline to exercise supplemental jurisdiction. United Mine Workers v. Gibbs, 383 U.S. 715, 727 (1966); 28 U.S.C. § 1367(c)(4). Therefore, IT IS ORDERED that the Court DECLINES TO EXERCISE 1 SUPPLEMENTAL JURISDICTION over Plaintiffs’ state-law claims. The Court shall retain jurisdiction over the federal claim raised in Count V. All of the other claims in the complaint are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: March 8, 2018 I hereby certify that a copy of the foregoing document was served upon counsel of record on March 8, 2018, by electronic and/or ordinary mail. s/Jennifer McCoy Case Manager 2

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