Sutter v. McLaren Health Care Corp.

Filing 3

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 KIMBERLY SUTTER, Case No. 17-10207 Plaintiff, Honorable John Corbett O’Meara v. McLAREN HEALTH CARE CORP., Defendant. / ORDER OF PARTIAL DISMISSAL Plaintiff Kimberly Sutter recently filed a two-count complaint in this court alleging violations of the Americans with Disabilities Act in Count I and Michigan's Persons with Disabilities Civil Rights Act in Count II. Although Count I, which arises under federal law, is cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Count II 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 claim 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 Count II is 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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