Tzalel v. Western Great Lakes Pilots Association, a foreign Limited Liability Partnership

Filing 8

ORDER OF PARTIAL DISMISSAL OF 1 Complaint, filed by Moshe Tzalel. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MOSHE TZALEL, Case No. 17-12957 Plaintiff, Honorable John Corbett O’Meara v. WESTERN GREAT LAKES PILOTS ASSOCIATION, Defendant. / ORDER OF PARTIAL DISMISSAL Plaintiff Moshe Tzalel recently filed a six-count complaint in this court alleging the following causes of action: Counts I and II, violations of Michigan’s Elliott-Larsen Civil Rights Act (“ELCRA”); Count III, violations of the Americans with Disabilities Act; Counts IV and V, violations of ELCRA; and Count VI, termination in violation of public policy pursuant to 46 C.F.R., § 15.111. Although the two counts arising under federal law are cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in the remainder of the complaint 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 I, II, IV and V are DISMISSED WITHOUT PREJUDICE. s/John Corbett O'Meara United States District Judge Date: October 19, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, October 19, 2017, using the ECF system. s/William Barkholz Case Manager 2

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