Detroit Carpenters Fringe Benefit Funds v. Detroit Door and Hardware Company et al

Filing 4

ORDER of Partial Dismissal of 1 Complaint,, filed by Detroit Carpenters Fringe Benefit Funds. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRUSTEES OF THE DETROIT CARPENTERS FRINGE BENEFIT FUNDS, Plaintiffs, Case No. 09-10636 v. DETROIT DOOR & HARDWARE CO. a Michigan corporation, and MICHAEL J. WILT, an individual, Defendants. ___________________________________/ Hon. John Corbett O'Meara

ORDER OF PARTIAL DISMISSAL On February 20, 2009, Plaintiffs filed their complaint, which alleges violations of the Employee Retirement Income Security Act of 1974 ("ERISA") and the Michigan Builders Trust Fund Act, M.C.L. § 570.151 et seq. Although Plaintiffs' ERISA claim is cognizable in this court pursuant to 28 U.S.C. § 1331, Plaintiffs' Michigan Builders Trust Fund Act claim arises under state law. Pursuant to 28 U.S.C. § 1367(c), a district court may decline to exercise supplemental jurisdiction over state law claims raised in federal question cases. See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). This court declines to exercise supplemental jurisdiction over Plaintiffs' state law claim to avoid jury confusion.

Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Michigan Builders Trust Fund Act claim is DISMISSED. s/John Corbett O'Meara United States District Judge Date: February 27, 2009

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 27, 2009, by electronic and/or ordinary mail. s/William Barkholz Case Manager

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