CELLI v. Cigna Health et al

Filing 4

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GENE CELLI,
Case No. 15-11393
Plaintiff,
Honorable John Corbett O’Meara
v.
CIGNA HEALTH, et. al.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Gene Celli filed a six-count complaint in this court alleging causes of action under
the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), and
Michigan’s No-Fault Act, Mich. Comp. Laws Ann. §§ 550.3101 et seq.
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. Plaintiff has failed to show 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 Count
V is DISMISSED, along with the portions of Counts I, II, III, IV and VI that assert violations of
Michigan’s No-Fault Act.
s/John Corbett O'Meara
United States District Judge

Date: June 2, 2015

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, June 2, 2015, using the ECF system.

s/William Barkholz
Case Manager

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