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)

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

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