Motyka et al v. Howell Public School District

Filing 3

ORDER of Partial Dismissal of 1 Complaint. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHAWN MOTYKA and JULIE MOTYKA,
individually; and SHAWN MOTYKA, next friend
of minor KM,

Case No. 14-10559
Honorable John Corbett O’Meara

Plaintiffs,
v.
HOWELL PUBLIC SCHOOL DISTRICT,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiffs recently filed an eight-count complaint in this court alleging the following causes
of action: Count I, violations of the Fourteenth Amendment to the United States Constitution; Count
II, violations of the Michigan Constitution; Count III, violations of the Americans with Disabilities
Act; Count IV, violations of the Individuals with Disabilities in Education Act; Count V, violations
of the Rehabilitation Act; Count VI, negligence; Count VII, false imprisonment; Count VIII,
intentional infliction of emotional distress.
Although Plaintiffs’ 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. Since the parties to this action are not diverse, 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, VI, VII, and VIII are DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: March 4, 2014

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, March 4, 2014, using the ECF system.

s/William Barkholz
Case Manager

2