The Estate of Claude Stevens et al v. Stewart et al

Filing 18

ORDER OF PARTIAL DISMISSAL re 16 Amended Complaint filed by The Estate of Claude Stevens, Sherry L. VanNortwick. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHERRY L. VANNORTWICK, as
Personal Representative of the Estate of
Claude Stevens, deceased,
Case No. 17-12507

Plaintiff,

Honorable John Corbett O’Meara

v.
ANTHONY H. STEWERT, et. al.,
Defendants.
/

ORDER OF PARTIAL DISMISSAL
Plaintiff Sherry Vannortwick, as the personal representative of the estate of
Claude Stevens, recently filed a seven-count amended complaint in this court, alleging
violations of 42 U.S.C. § 1983, as well as wrongful death pursuant to Mich. Comp.
Laws Ann. § 600.2922, and breach of contract.
Although the five § 1983 counts arising under federal law are cognizable in this
court pursuant to 28 U.S.C. § 1331, the allegations presented in Count VI for wrongful
death and Count VII for breach of contract 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 VI and VII are DISMISSED WITHOUT
PREJUDICE.
s/John Corbett O'Meara
United States District Judge

Date: September 19, 2017

I hereby certify that a copy of the foregoing document was served upon counsel
of record on this date, September 19, 2017, using the ECF system.

s/William Barkholz
Case Manager

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