Ticconi et al v. Mittelstaedt and McNeely, P.C. et al

Filing 7

ORDER of Partial Dismissal re: Counts II, III, and IV of 1 Complaint, filed by Vincent Joseph Ticconi, Christine Lynn Ticconi. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
VINCENT TICCONI and CHRISTINE TICCONI,
Case No. 13-14153
Plaintiffs,
Honorable John Corbett O’Meara
v.
MITTELSTAEDT and McNEELY, P.C., and
CHRISTOPHER E. McNEELY,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiffs Vincent and Christine Ticconi filed a four-count complaint in this court, alleging the
following causes of action: Count I, violations of the Fair Debt Collection Practices Act, 15 U.S.C.
§§ 1692 et seq.; Count II, invasion of privacy by intrusion upon seclusion; Count III, violations of
the Michigan Occupational Code; and Count IV, violations of the Michigan Collection Practices
Act.
Although Plaintiffs’ 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. 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 Counts II, III and IV are DISMISSED
WITHOUT PREJUDICE.
s/John Corbett O'Meara
United States District Judge
Date: October 22, 2013

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, October 22, 2013, using the ECF system.

s/William Barkholz
Case Manager

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