Charles v. United Recovery Group, Inc.

Filing 3

ORDER of Partial Dismissal of 1 Complaint,, filed by Stephanie Charles. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

STEPHANIE CHARLES,
Case No. 12-13935
Plaintiff,
Honorable John Corbett O’Meara
v.
UNITED RECOVERY GROUP, INC.,
Defendant.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Stephanie Charles filed a five-count complaint in this court September 6, 2012,
alleging the following causes: Count I, violations of the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. §§ 1692 et. seq.; Count II, violations the Michigan Collection Practices Act
(“MCPA”), Mich. Comp. Laws Ann. §§ 445.251 et. seq.; Count III, violations of the Michigan
Occupational Code (“MOC”), Mich. Comp. Laws Ann. §§ 339.901 et seq.; Count IV, invasion of
privacy; and Count V, intentional infliction of emotional distress.
Plaintiff has not established that the court has federal subject matter jurisdiction through
diversity of citizenship. According to the civil cover sheet, Plaintiff seeks damages less than an
amount in excess of $75,000.00 as required by 28 U.S.C. § 1332(a).
The court does have subject matter jurisdiction over Count I, as it presents a federal question
arising under the FDCPA. However, 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).

Therefore, it is hereby ORDERED that Counts II, III, IV, and V of the complaint are
DISMISSED.
s/John Corbett O'Meara
United States District Judge
Date: September 19, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, September 19, 2012, using the ECF system.

s/William Barkholz
Case Manager

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