Wells v. Department of Health and Human Services et al

Filing 4

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SUNSET AUSTIN WELLS,
Case No. 16-13751

Plaintiff,

Honorable John Corbett O’Meara

v.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES OF WAYNE
COUNTY, INKSTER, MICHIGAN; and
STATE OF MICHIGAN,
Defendants.
/

ORDER OF PARTIAL DISMISSAL
Plaintiff Sunset Austin Wells filed a seven-count complaint in this court, alleging
violations of the following statutes: Count I, the Family Medical Leave Act; Count
II, ERISA; Count III, the Americans with Disabilities Act; Count IV, Title VII of the
Civil Rights Act; Count V, Michigan's Workers' Disability Compensation Act; Count
VI, Michigan's Persons with Disabilities Act; and Count VII, the Elliott-Larsen Civil
Rights Act.
Although the first four counts are cognizable in this court pursuant to 28 U.S.C.
§ 1331, the allegations presented in Counts V, VI and VII 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 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 V, VI and VII are DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: November 15, 2016

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, November 15, 2016, using the ECF system.

s/William Barkholz
Case Manager

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