Hayes et al v. City of Detroit et al

Filing 5

ORDER OF PARTIAL DISMISSAL re: Counts III and IV of 1 Complaint, filed by Hazell Hayes, Melvin Short. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
HAZELL HAYES and
MELVIN SHORT,
Plaintiffs,
Case No. 16-13098
v.
Hon. John Corbett O’Meara
CITY OF DETROIT, et al.,
Defendants.
________________________/
ORDER OF PARTIAL DISMISSAL
Plaintiffs filed their complaint on August 26, 2016, alleging the following
counts: Count I, violation of 42 U.S.C. § 1983; Count II, violation of § 1983;
Count III, conversion; and Count IV, intentional infliction of emotional distress.
Although Counts I and II are cognizable in this court pursuant to 28 U.S.C. §
1331, the remaining allegations present claims based on state law. This court
declines to exercise supplemental jurisdiction over Plaintiffs’ state law claims so as
to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs,
383 U.S. 715 (1966); Padilla v. City of Saginaw, 867 F. Supp. 1309 (E.D. Mich.
1994); Sanford v. Detroit Pub. Schs., 2014 WL 1922722 (E.D. Mich. 2014)
(“Mixing federal-law claims with supplemental state-law claims can cause
procedural and substantive problems; in the interest of judicial economy and

convenience, these problems should be avoided.”).
Accordingly, Counts III and IV of Plaintiffs’ complaint are DISMISSED
WITHOUT PREJUDICE.
SO ORDERED.
s/John Corbett O’Meara
United States District Judge
Date: September 13, 2016

I hereby certify that a copy of the foregoing document was served upon
counsel of record on this date, September 13, 2016, using the ECF system.

s/William Barkholz
Case Manager

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