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

Filing 9

ORDER granting 7 Motion for Reconsideration re 4 Order of Partial Dismissal. Signed by District Judge John Corbett O'Meara. (WBar)

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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 GRANTING MOTION FOR RECONSIDERATION This matter came before the court on plaintiff Kevin Everts' February 21, 2017 Unopposed Motion for Reconsideration of this court's January 26, 2017 Order of Partial Dismissal.1 On December 30, 2016, Plaintiff filed a four-count complaint alleging violations of federal and state statutes. The court entered an order of partial dismissal January 26, 2017, dismissing the two state law claims. Plaintiff concedes that in the complaint he "asserted 28 U.S.C. § 1367 as the basis for subject matter jurisdiction over the [state law] claims . . . ." Plaintiff's br. at 3. However, Plaintiff now asserts subject matter jurisdiction pursuant to 36 U.S.C. § 300105(a)(5), which provides "original 1 The court previously entered a stipulated order extending the deadline for Plaintiff to file this motion. federal subject matter jurisdiction for all cases in which the Red Cross is a party." Coleman v. American Red Cross, 979 F.2d 1135, 1136 n.3 (6th Cir. 1992). The statute also allows the Red Cross to remove from state court any state law action it is defending. See American Nat'l Red Cross v. S.G., 505 U.S. 247, 257 (1992). Plaintiff's motion represents that "even if Plaintiff were to bring his PWDCRA claims in state court in a separate action, Defendant has indicated that it will remove those claims to federal court pursuant to 36 U.S.C. § 300105(a)(e)." Plaintiff's br. at 4. Therefore, the court will grant Plaintiff's motion. ORDER It is hereby ORDERED that the court's January 26, 2017 order of partial dismissal is VACATED. s/John Corbett O'Meara United States District Judge Date: March 1, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, March 1, 2017, using the ECF system. s/William Barkholz Case Manager 2

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