Thomas v. Andy Auto Sales, Inc. et al

Filing 9

ORDER OF PARTIAL DISMISSAL as to counts IV, V, VI, VII, IX, X, and XI of 1 Complaint filed by Francis Thomas. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FRANCIS THOMAS,
Case No. 15-10783
Plaintiff,
Honorable John Corbett O’Meara
v.
ANDY AUTO SALES, INC., ANDY ELSHARRAK, and MID-ATLANTIC FINANCE,
CO., INC.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Francis Thomas filed an eleven-count complaint in this court alleging the following
causes of action: Count I, violations of the Truth in Lending Act against Andy Auto Sales; Count
II, violations of the Equal Credit Opportunity Act against Andy Auto Sales; Count III violations of
the Equal Credit Opportunity Act against Mid-Atlantic Finance Company; Count IV, Michigan
statutory conversion against Andy Auto Sales; Count V, Michigan statutory conversion against
Andy El-Sharrak; Count VI, common law conversion against Andy Auto Sales; Count VII,
violations Michigan’s Motor Vehicle Sales Finance Act against Andy Auto Sales; Count VIII,
violations of the Uniform Commercial Code against Andy Auto Sales; Count IX, violations of
Michigan’s Motor Vehicle Installment Sales Contract Act by Andy Auto Sales; Count X, breach of
contract against Andy Auto Sales; and Count XI, breach of warranty title against Andy Auto Sales.
On March 27, 2015, Plaintiff filed Notice of Voluntary Dismissal of defendant Mid-Atlantic Finance
Company, thereby dismissing Count III.

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. The parties to this action are not 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 IV, V, VI, VII, IX, X, and XI of the
Complaint are DISMISSED.

Date: April 14, 2015

s/John Corbett O'Meara
United States District Judge

I hereby certify that on April 14, 2015 a copy of this order was served upon the parties of
record using the Court's ECF system.
s/William Barkholz
Case Manager