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)

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

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