Turner et al v. East Detroit Public Schools

Filing 4

ORDER OF PARTIAL DISMISSAL as to count II of 1 Complaint,, filed by D T, Darlene Turner, Jacqueline Turner. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JACQUELINE TURNER, and DELAWRENCE TURNER, by his Next Friend DARLENE TURNER, Plaintiffs, v. Hon. John Corbett O'Meara EAST DETROIT PUBLIC SCHOOLS, Defendant. __________________________________/ ORDER OF PARTIAL DISMISSAL On January 8, 2009, Plaintiffs filed a complaint alleging violations of Title VI of the Civil Rights Act of 1964 and the Elliott-Larsen Civil Rights Act. Plaintiffs do not allege that diversity jurisdiction exists. Although Plaintiffs' federal cause of action 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 Two of Plaintiffs' complaint is DISMISSED. s/John Corbett O'Meara United States District Judge Date: February 2, 2009 Case No. 09-10092

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 2, 2009, by electronic and/or ordinary mail. s/William Barkholz Case Manager