Sutter v. McLaren Health Care Corp.

Filing 3

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

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