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)

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

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