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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?