Everts v. American Red Cross, Great Lakes Blood Services Region

Filing 4

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KEVIN EVERTS,
Case No. 16-14209

Plaintiff,

Honorable John Corbett O’Meara

v.
AMERICAN RED CROSS, GREAT
LAKES BLOOD SERVICES REGION,
Defendant.
/

ORDER OF PARTIAL DISMISSAL
Plaintiff Kevin Everts filed a four-count complaint in this court alleging
violations of the following statutes: Count I, the Americans with Disabilities Act
("ADA"); Count II, Michigan's Persons with Disabilities Civil Rights Act
("PWDCRA"); Count III, retaliation under the ADA; and Court IV, retaliation under
the PWDCRA.
Although the two counts arising under federal law are cognizable in this court
pursuant to 28 U.S.C. § 1331, the allegations presented in Counts II and IV 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 II and IV are DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: January 26, 2017

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, January 26, 2017, using the ECF system.

s/William Barkholz
Case Manager

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