Babcock v. Michigan Strategic Fund et al

Filing 12

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

JILL BABCOCK,
Case No. 14-13593
Plaintiff,
Honorable John Corbett O’Meara
v.
MICHIGAN STRATEGIC FUND, MICHIGAN
ECONOMIC DEVELOPMENT CORPORATION,
and MICHAEL A. FINNEY, in his individual and
official capacities,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Jill Babcock recently filed a four-count complaint in this court alleging the following
causes of action: Count I, discrimination and interference with rights in violation of the Family
Medical Leave Act of 1993 (“FMLA”); Count II, failure to accommodate in violation of the
Americans with Disabilities Act (“ADA”), the Rehabilitation Act (“RA”), and Michigan’s Persons
with Disabilities Civil Rights Act (“PWDCRA”); Count III discrimination in violation of the ADA,
RA and PWDCRA; Count IV, retaliation, interference, coercion and/or intimidation in violation of
the ADA, RA and PWDCRA.
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 the portions of Counts II, III, and IV that allege
causes of action under Michigan’s PWDCRA are DISMISSED.

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

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

s/William Barkholz
Case Manager

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