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Flickinger v. Madonna University

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

April 14, 2015

CRAIG FLICKINGER, Plaintiff,
v.
MADONNA UNIVERSITY and DAVID HOULE, Defendants.

ORDER OF PARTIAL REMAND

John Corbett O'Meara, United States District Judge.

Defendants recently filed Notice of Removal to this court. In his First Amended Complaint plaintiff Craig Flickinger alleged violations of Michigan's Persons with Disabilities Act in Count I and violations of the Americans with Disabilities Act of 1990 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, 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 I of the First Amended Complaint is REMANDED to the Circuit Court for the County of Wayne.


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