McDonald v. UAW GM Center for Human Resources

Filing 3

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHANNON McDONALD,
Case No. 15-12619
Plaintiff,
Honorable John Corbett O’Meara
v.
UAW-GM CENTER FOR HUMAN
RESOURCES,
Defendant.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Shannon McDonald recently filed a four-count complaint in this court, alleging the
following causes of action: Count I, violations of Title II of the Americans with Disabilities Act
(“ADA”); Count II, violations of Michigan’s Persons with Disabilities Civil Rights Act
(“PWDCRA”); Count III, retaliation under the ADA; and Count IV, retaliation under the PWDCRA.
Although Counts I and III are cognizable in this court pursuant to 28 U.S.C. § 1331, the
allegations presented in Counts II and IV are based solely on state law. The parties to this action
are not diverse. Therefore, this court declines to exercise supplemental jurisdiction over Plaintiff’s
state law claims to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs,
282 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich. 1994).
ORDER
It is hereby ORDERED that Counts II and IV are DISMISSED.
s/John Corbett O'Meara
United States District Judge
Date: August 18, 2015

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, August 18, 2015, using the ECF system.

s/William Barkholz
Case Manager

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