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)

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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 2

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