Plant v. Alta Equipment Company, Inc.

Filing 6

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

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION NEOMA PLANT, Case No. 16-14329 Plaintiff, Honorable John Corbett O’Meara v. ALTA EQUIPMENT COMPANY, INC., Defendant. / ORDER OF PARTIAL DISMISSAL Plaintiff Neoma Plant filed a six-count amended complaint in this court alleging violations of the following statutes: Count I, the Family Medical Leave Act ("FMLA"); Count II, the Americans with Disabilities Act ("ADA"); Count III, Michigan's Persons with Disabilities Civil Rights Act ("PWDCRA"); Count IV, Title VII of the Civil Rights Act; Count V, 42 U.S.C. § 1981; and Count VI, Michigan's Elliott-Larsen Civil Rights Act ("ELCRA"). Although the four counts arising under federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Counts III and VI 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 III and VI 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

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