Roussety v. Green Tree Servicing LLC et al

Filing 15

ORDER OF PARTIAL DISMISSAL of 1 Complaint, filed by Patricia Roussety. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PATRICIA ROUSSETY,
Case No. 14-11677
Plaintiff,
Honorable John Corbett O’Meara
v.
GREEN TREE SERVICING, L.L.C., and
NATIONAL CREDITORS CONNECTION, INC.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Patricia Roussety recently filed a seven-count complaint in this court alleging the
following causes of action: Count I, violations of the Telephone Consumer Protection Act
("TCPA"), 47 U.S.C. §§ 227 et seq.; Count II, violations of the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. § 1692k(d); Count III, violations of the Michigan Collection Practices Act
("MCPA"), Mich. Comp. Laws Ann. §§ 445.251 et seq.; Count IV, violations of the TCPA; Count
V, violations of the FDCPA; Count VI, violations of the Michigan Occupational Code ("MOC"),
Mich. Comp. Laws Ann. §§ 339.901 et seq.; and Count VII, violations of the MCPA as alternative
to claims under the MOC.
Although Plaintiff's 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. There is no allegation that the parties to this action are diverse, and the 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 III, VI, and VII are DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: June 30, 2014

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, June 30, 2014, using the ECF system.

s/William Barkholz
Case Manager

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