Norris et al v. Lasco Ford, Incorporated

Filing 12

ORDER of Partial Dismissal of 1 Complaint, filed by Starlee Mabel McDaniel, Brenda McDaniel Norris. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRENDA McDANIEL NORRIS, et. al.,
Case No. 13-12325
Plaintiffs,
Honorable John Corbett O’Meara
v.
LASCO FORD, INC., et. al.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiffs filed their first amended complaint in this action July 3, 2013, alleging seven causes
of action. Counts V and VII allege violations of the Equal Credit Opportunity Act, 15 U.S.C. §§
1691 et. seq. Although those two causes of action arising under federal law are cognizable in this
court pursuant to 28 U.S.C. § 1331, the remaining allegations of the complaint are based solely on
state law. No diversity of citizenship exists between the parties to this action. This court declines
to exercise supplemental jurisdiction over Plaintiffs’ 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 I, II, III, IV, and VI are DISMISSED
WITHOUT PREJUDICE.
s/John Corbett O'Meara
United States District Judge

Date: October 2, 2013

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, October 2, 2013, using the ECF system.

s/William Barkholz
Case Manager

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