Conklin v. Henry Ford Health System
Filing
6
ORDER of Partial Dismissal. Signed by District Judge John Corbett O'Meara. (WBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GLENNA CONKLIN,
Plaintiff,
Case No. 13-11343
v.
Hon. John Corbett O’Meara
HENRY FORD HEALTH SYSTEM,
Defendant.
________________________________/
ORDER OF PARTIAL DISMISSAL
Plaintiff Glenna Conklin filed a two-count complaint in this matter alleging the
following causes of action: Count I, violation of Fair Labor Standards Act (“FLSA”), 29 U.S.C.
§ 201; et seq; and Count II, breach of contract.
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 Count II is 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
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