Cooper v. Midland Credit Management, Inc.

Filing 7

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KAREN COOPER,
Plaintiff,
Case No. 13-11147
v.
Hon. John Corbett O’Meara
MIDLAND CREDIT MANAGEMENT, INC.,
Defendant.
________________________________/
ORDER OF PARTIAL DISMISSAL
Plaintiff Karen Cooper filed a three-count complaint in this matter alleging the following
causes of action: Count I, violation of the Fair Debt Collection Practices Act, 15. U.S.C. § 1692;
Count II, violation of the Michigan Occupational Code, M.C.L. § 339.915; and Count III,
violation of the Michigan Collection Practices Act, M.C.L. § 445.252.
Although Plaintiff’s cause of action arising under a federal statue is 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).
Therefore, it is hereby ORDERED that Counts II and III are DISMISSED.

Date: April 22, 2013

s/John Corbett O’Meara
United States District Court

I hereby certify that on April 22, 2013 a copy of this order was served upon counsel of
record using the ECF system.
s/William Barkholz
Case Manager