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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?