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)

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

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