Biedron v. Everest Receivable Services, Inc.

Filing 9

ORDER of Partial Dismissal re 7 Amended Complaint filed by Alice Biedron. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ALICE BIEDRON,
Case No. 17-11129

Plaintiff,

Honorable John Corbett O’Meara

v.
ENDPOINT RESOLUTION SERVICES,
L.L.C.,
Defendant.
/

ORDER OF PARTIAL DISMISSAL
Plaintiff Alice Biedron recently filed an amended, three-count complaint in this
court alleging violations of the following statutes: Count I, the Fair Debt Collection
Practices Act; Count II, Michigan's Occupational Code; and Count III, Michigan's
Collection Practices Act.
Although Count I, arising under federal law, is cognizable in this court pursuant
to 28 U.S.C. § 1331, the allegations presented in Counts II and III are based solely on
state law. The parties to this action may be from different states; however, the
jurisdictional amount is not met.

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 II and III are DISMISSED.

s/John Corbett O'Meara
United States District Judge
Date: June 2, 2017

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, June 2, 2017, using the ECF system.

s/William Barkholz
Case Manager

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