Butler III v. Genesee County Road Commission

Filing 7

ORDER OF PARTIAL DISMISSAL of 1 Complaint,, filed by Elbert Butler III. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ELBERT BUTLER, III,
Case No. 12-12817
Plaintiff,
Honorable John Corbett O’Meara
v.
GENESEE COUNTY ROAD COMMISSION,
Defendant.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Elbert Butler, III, filed an eight-count complaint in this court June 26, 2012, alleging
the following causes of action: Count I, violations of the Americans with Disabilities Act ("ADA"),
42 U.S.C. § 12112; Count II, violations of Michigan's Persons with Disabilities Civil Rights Act
("PDCRA"), Mich. Comp. Laws Ann. §§ 37.1201 et seq.; Count III, race discrimination pursuant
to Title VII, 42 U.S.C. § 2000e-2; Count IV, race discrimination under Michigan's Elliott-Larsen
Civil Rights Act ("ELCRA"), Mich. Laws Comp. Ann. §§ 37.2101 et seq.; Count V, retaliation
under the ADA; Count VI, retaliation under the PDCRA; Count VII, retaliation under Title VII; and
Count VIII, retaliation under the ELCRA.
Although Plaintiff’s causes of action arising under federal statutes are cognizable in this
court pursuant to 28 U.S.C. § 1331, the remaining allegations present claims based solely on state
law. This court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims 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).

ORDER
It is hereby ORDERED that Counts II, IV, VI, and VIII are DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: September 7, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, September 7, 2012, using the ECF system.

s/William Barkholz
Case Manager

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