Atchoo v. QAR, LLC

Filing 4

ORDER OF PARTIAL DISMISSAL regarding count II of 1 Complaint,, filed by Yousef Atchoo. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

YOUSEF ATCHOO,
Case No. 11-12685
Plaintiff,
Honorable John Corbett O’Meara
v.
QAR, L.L.C.,
Defendant.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Yousef Atchoo filed a two-count complaint in this court on June 21, 2011, alleging
violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., in Count I; and
Michigan’s Occupational Code, Mich. Comp. Laws Ann. §§ 339.901 et seq., in Count II.
Although Plaintiff’s federal cause of action is cognizable in this court pursuant to 28 U.S.C.
§ 1331, the allegations in Count II present claims based solely on state law. This court declines to
exercise supplemental jurisdiction over Plaintiff’s state law claim in order to avoid jury confusion.
See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City
of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994). Accordingly, it is hereby ORDERED that
Counts II is DISMISSED.

s/John Corbett O'Meara
United States District Judge

Date: July 5, 2011

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, July 5, 2011, using the ECF system.

s/William Barkholz
Case Manager

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