Eubanks v. Tricon Security Group, LLC et al

Filing 11

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

NEYOKII Q. EUBANKS,
Case No. 16-10379
Plaintiffs,
Honorable John Corbett O’Meara
v.
TRICON SECURITY GROUP, L.L.C., and
ANTOINE WILLIS, jointly and severally,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Neyokii Q. Eubanks recently filed a two-count complaint in this court alleging
discrimination in violation of Title VII of the Civil Rights Act of 1964 in Count I and discrimination
and retaliation in violation of Michigan’s Elliott-Larsen Civil Rights Act in Count II.
Although Count I is cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations
presented in Count II 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 claim
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 Count II is 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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