Rottman v. NCOP-Purchaser From Citib et al

Filing 2

ORDER OF PARTIAL DISMISSAL re 1 Complaint filed by Francis Rottman. Signed by Honorable John Corbett O'Meara. (WBar)

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Rottman v. NCOP-Purchaser From Citib et al Doc. 2 Case 5:07-cv-10992-JCO-MKM Document 2 Filed 03/15/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANCIS ROTTMAN, Plaintiff, v. Hon. John Corbett O'Meara NCOP PURCHASER FROM CITIB, and LAW OFFICES OF MICHAEL R. STILLMAN, P.C., Defendants. __________________________/ ORDER OF PARTIAL DISMISSAL On March 8, 2007, Plaintiff filed a two-count complaint in this action alleging violations of the Fair Debt Collection Practices Act (Count I) and the Michigan Debt Collection Practices Act (Count II). Plaintiff does 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 Plaintiff's 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 Plaintiff's complaint is DISMISSED. s/John Corbett O'Meara United States District Judge Dated: March 15, 2007 Case No. 07-10992 Case 5:07-cv-10992-JCO-MKM Document 2 Filed 03/15/2007 Page 2 of 2 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, March 15, 2007, by electronic or ordinary mail. s/William Barkholz Case Manager

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