Rhino@Harmony Park, LLC et al v. Detroit Economic Growth Corporation et al

Filing 3

ORDER OF PARTIAL DISMISSAL re Counts III, IV, and V of 1 Complaint,, filed by Donald Baer, Mark Hausner, Rhino@Harmony Park, LLC, Jeff Emery. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RHINO@HARMONY PARK, L.L.C; MARK HAUSNER; JEFF EMERY; and DONALD BAER, Plaintiffs, v. DETROIT ECONOMIC GROWTH CORPORATION et al., Defendants. / ORDER OF PARTIAL DISMISSAL Plaintiffs filed a five-count complaint against Defendants, alleging the following causes of action: Count I, violations 42 U.S.C. §§ 1981 and 1982; Count II, violations of 42 U.S.C. § 1983; Count III, malicious prosecution; Count IV, breach of contract; and Count V, tortious interference. While claims alleging violations of federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations in the complaint present claims based on state law. The parties to this matter are not diverse. Therefore, this court declines to exercise pendent jurisdiction over the state claims. See United Mine Workers v. Gibbs, 383 U.S. 715 (1966); 28 U.S.C. § 1367(c). Accordingly, it is hereby ORDERED that Counts III, IV and V are DISMISSED.

Case No. 09-11921 Honorable John Corbett O'Meara

s/John Corbett O'Meara United States District Judge Date: August 5, 2009

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

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