Rusha v. Edelman et al

Filing 7

ORDER of Partial Remand. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROY RUSHA,
Plaintiff,
Case No. 13-12622
v.
Hon. John Corbett O’Meara
ADAM EDELMAN, M.D., et al.,
Defendants.
_________________________/
ORDER OF PARTIAL REMAND
On June 17, 2013, Defendants filed a notice of removal in this action, based upon federal
question jurisdiction. Plaintiff’s complaint contains the following causes of action: Count I,
violation of 42 U.S.C. § 1983; Count II, negligence/medical negligence; and Count III,
intentional and/or negligent infliction of emotional distress.
Although Count I is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining
allegations present claims based on state law. This court declines to exercise supplemental
jurisdiction over Plaintiff’s state law claims so as to avoid jury confusion and because the state
claims predominate. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715
(1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
Accordingly, IT IS HEREBY ORDERED that Counts II and III of Plaintiff’s complaint
are REMANDED to Wayne County Circuit Court.

s/John Corbett O'Meara
United States District Judge
Date: July 3, 2013

I hereby certify that a copy of the foregoing document was served upon the parties of
record on this date, July 3, 2013, using the ECF system and/or ordinary mail.

s/William Barkholz
Case Manager