Maalin v. Cavalry SPV I, LLC

Filing 6

ORDER OF PARTIAL DISMISSAL OF 4 Amended Complaint, filed by Fardowsa M Maalin. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FARDOWSA M. MAALIN, Plaintiff, v. Case No. 17-11609 CAVALRY SPV I, L.L.C., Honorable John Corbett O’Meara Defendant. / ORDER OF PARTIAL DISMISSAL Plaintiff Fardowsa M. Maalin filed an amended, three-count complaint in this court, alleging violations of the Fair Debt Collection Practices Act in Count I, violations of Michigan's Occupational Code in Count II, and violations of Michigan's Collection Practices Act in Count III. 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 are not diverse. 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 5, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, June 5, 2017, using the ECF system. s/William Barkholz Case Manager 2

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