McMillian et al v. Richard D. Snyder et al

Filing 142

ORDER granting 138 Motion to Amend Judgment. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MYIA MCMILLIAN, et al.,
Plaintiffs,
Case No. 16-10796
v.
Hon. John Corbett O’Meara
GOVERNOR RICHARD DALE
SNYDER, et al.,
Defendants.
___________________________/
ORDER GRANTING VEOLIA DEFENDANTS’
MOTION TO AMEND JUDGMENT
Before the court is a motion to alter or amend the judgment pursuant to
Federal Rules of Civil Procedure 59(e) and 60, filed by Veolia North America,
LLC, Veolia North America, Inc., and Veolia Water North America Operating
Services, LLC (the “Veolia Defendants”). The court dismissed this action on
February 7, 2017, finding that Plaintiffs did not have viable federal claims. The
court declined to exercise supplemental jurisdiction over Plaintiffs’ state claims.
The Veolia Defendants contend that the court has original jurisdiction over
Plaintiffs’ state claims pursuant to the Class Action Fairness Act. In light of the
Sixth Circuit’s decision in Davenport v. Lockwood, Andrews & Newnam, P.C.,
Case No. 16-12875, Docket No. 31, the court finds that the Class Action Fairness

Act provides this court jurisdiction over Plaintiffs’ state claims.
Accordingly, IT IS HEREBY ORDERED that the Veolia Defendants’
motion to amend the judgment is GRANTED and the judgment is VACATED with
respect to Plaintiffs’ state claims.
s/John Corbett O’Meara
United States District Judge
Date: May 3, 2017

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, May 3, 2017, using the ECF system.

s/William Barkholz
Case Manager

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