Plant v. Alta Equipment Company, Inc.

Filing 6

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

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

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