Fair Housing Center of Metropolitan Detroit v. Iron Street Properties, L.L.C. et al

Filing 17

ORDER OF PARTIAL DISMISSAL of 1 Complaint, filed by Fair Housing Center of Metropolitan Detroit. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FAIR HOUSING CENTER OF
METROPOLITAN DETROIT,
Case No. 16-12140
Plaintiff,
Honorable John Corbett O’Meara
v.
IRON STREET PROPERTIES, L.L.C.,
d/b/a RIVER PARK LOFTS; BOYDELL
DEVELOPMENT, INC.; and DENNIS
KEFALLINOS,
Defendants.
/
ORDER OF PARTIAL DISMISSAL
Plaintiff Fair Housing Center of Metropolitan Detroit ("FHCMD") filed a threecount complaint, re-assigned to this court as a companion to Case No. 16-10639,
alleging violations of the Fair Housing Amendments Act of 1988 in Count I;
violations of 42 U.S.C. § 1982, in Count II; and violations of Michigan’s ElliottLarsen Civil Rights Act in Count III.
Although Counts I and II are cognizable in this court pursuant to 28 U.S.C. §
1331, the allegations presented in Count III 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 III is DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: November 10, 2016

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, November 10, 2016, using the ECF system.

s/William Barkholz
Case Manager

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