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Wilson v. Bayview Loan Servicing, L.L.C.

United States District Court, Eastern District of Michigan, Southern Division

February 27, 2015

EARL D. WILSON, Plaintiff,
v.
BAYVIEW LOAN SERVICING, L.L.C., Defendant.

ORDER OF PARTIAL DISMISSAL

John Corbett O'Meara, United States District Judge

Plaintiff Earl D. Wilson filed a two-count complaint in this court, alleging violations of the Fair Debt Collection Practices Act in Count I and violations of Michigan’s Regulation of Collection Practices Act in Count II.

Although Plaintiff's cause of action arising under federal law is cognizable in this court pursuant to 28 U.S.C. § 1331, the remaining allegations of the complaint are based solely on state law. The parties to this action are not diverse; therefore, and the court declines to exercise supplemental jurisdiction over Plaintiff's state law claim in order to avoid jury confusion. See 28 U.S.C. § 1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City of Saginaw, 867 F.Supp. 1309 (E.D. Mich. 1994).

Therefore, it is hereby ORDERED that Count II of the Complaint is DISMISSED.


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