Gala et al v. City of Fraser et al

Filing 20

ORDER OF PARTIAL DISMISSAL of 1 Complaint, filed by Chester R. Gala, Eric Gala. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ERIC GALA and CHESTER R. GALA,
Case No. 16-10147
Plaintiffs,
Honorable John Corbett O’Meara
v.
CITY OF FRASER, et al.,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiffs Eric and Chester R. Gala recently filed a five-count complaint in this court alleging
violations of 42 U.S.C. § 1983 in Counts I, II and III; abuse of process in Count IV; and negligence
in Count V.
Although Counts I, II and III are cognizable in this court pursuant to 28 U.S.C. § 1331, the
allegations presented in Counts IV and V are based solely on state law. The parties to this action
are not diverse. Therefore, this court declines to exercise supplemental jurisdiction over Plaintiffs’
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 IV and V are DISMISSED.

s/John Corbett O'Meara
United States District Judge

Date: March 18, 2016

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, March 18, 2016, using the ECF system.

s/William Barkholz
Case Manager

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