Lewis et al v. Foote

Filing 5

ORDER OF PARTIAL DISMISSAL re 1 Complaint filed by Charles Lewis,, Henry Lewis,. Signed by Honorable John Corbett O'Meara. (DGoo, )

Lewis et al v. Foote

Doc. 5

Case 5:06-cv-10528-JCO-WC

Document 5

Filed 02/24/2006

Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHARLES LEWIS and HENRY LEWIS, Plaintiff, v. Hon. John Corbett O'Meara JOHN FOOTE, Defendant, _______________________________/ ORDER OF PARTIAL DISMISSAL On February 7, 2006, Plaintiffs filed a two-count complaint alleging violations of the Fair Housing Act (Count I) and the Michigan Persons with Disabilities Civil Rights Act (Count II). Plaintiffs do not allege that diversity jurisdiction exists. Although Count I is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations present a claim based on state law. This court declines to exercise supplemental jurisdiction over Plaintiffs' state law claim so as to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Accordingly, IT IS HEREBY ORDERED that Count II of Plaintiffs' Complaint is DISMISSED. Case No. 06-10528

s/John Corbett O'Meara John Corbett O'Meara United States District Judge Dated: February 24, 2006

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