Fair Housing Center of Washtenaw County, Incorporated et al v. Woodcrest Condominium Association et al

Filing 3

ORDER OF PARTIAL DISMISSAL as to Counts II and III of 1 Complaint,, filed by Sarah Drummonds, Fair Housing Center of Washtenaw County, Incorporated, James Newby, Joshua Drummonds. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES NEWBY, et al., Plaintiffs, Case No. 09-10774 v. WOODCREST CONDOMINIUM ASSOCIATION, a Michigan nonprofit corporation, Defendants. ________________________________/ ORDER OF PARTIAL DISMISSAL On March 2, 2009, Plaintiffs filed a complaint alleging violations of the Fair Housing Act (Count I); the Michigan Elliott-Larsen Civil Rights Act (Count II); and the Michigan Persons with Disabilities Civil Rights Act (Count III). 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 claims based on state law. This court declines to exercise supplemental jurisdiction over Plaintiffs' state law claims 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 Counts II and III of Plaintiffs' complaint are DISMISSED. s/John Corbett O'Meara United States District Judge Date: March 5, 2009 Hon. John Corbett O'Meara

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, March 5, 2009, by electronic and/or ordinary mail. s/William Barkholz Case Manager