Proost v. Village of Carleton

Filing 3

ORDER OF PARTIAL DISMISSAL as to Count II of 1 Complaint, filed by Deanna M Proost. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEANNA M. PROOST,
Case No. 17-11133

Plaintiff,

Honorable John Corbett O’Meara

v.
VILLAGE OF CARLETON,
Defendant.
/

ORDER OF PARTIAL DISMISSAL
Plaintiff Deanna M. Proost recently filed a two-count complaint in this court
alleging violations of Title VII of the Civil Rights Act in Count I and violations of
Michigan's Elliott-Larsen Civil Rights Act ("ELCRA") in Count II.
Although Count I, arising 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: 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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