Mc Daniel v. The Hayman Company et al

Filing 9

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

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KELDRIC McDANIEL, Case No. 13-12711 Plaintiff, Honorable John Corbett O’Meara v. THE HAYMAN COMPANY, et. al., Defendants. / ORDER OF PARTIAL DISMISSAL Plaintiff Keldric McDaniel filed a three-count complaint in this court alleging violations of Title VII of the Civil Rights Act of 1964 in Count I and violations of Michigan’s Elliott-Larsen Civil Rights Act in Counts II and III. Although Plaintiff’s cause of action arising under federal law is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations of the complaint are based solely on state law. The parties to this action are not diverse. 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 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?