Zimmer v. Stathakis Inc. et al

Filing 4

ORDER OF PARTIAL DISMISSAL re 1 Complaint,, filed by Gary L Zimmer. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GARY L. ZIMMER, Case No. 12-14463 Plaintiff, Honorable John Corbett O’Meara v. STATHAKIS, INC., and NINA SCHWAGLE, jointly and severally, Defendants. / ORDER OF PARTIAL DISMISSAL Plaintiff Gary L. Zimmer recently filed a two-count complaint in this court October 9, 2012, alleging retaliation in violation of federal law in Count I and retaliation in violation of Michigan law in Count II. Although Plaintiff’s cause of action arising under federal law is cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Count II are 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). Therefore, it is hereby ORDERED that Count II of the complaint is DISMISSED. s/John Corbett O'Meara United States District Judge Date: November 13, 2012 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, November 14, 2012, using the ECF system. s/William Barkholz Case Manager 2

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