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Cramer v. Genesee County

United States District Court, E.D. Michigan, Southern Division

July 23, 2015

JANE CRAMER, Plaintiff,
v.
GENESEE COUNTY, ET AL. Defendants.

ORDER OF DISMISSAL AS TO PLAINTIFF'S STATE LAW CLAIMS

Honorable Nancy G. Edmunds United States District Judge

Plaintiff Jane Cramer filed suit against Defendants Genesee County, Genesee County Sheriff's Department, and various officers employed by the County. The Complaint alleges violations of the United States Constitution and 42 U.S.C. § 1983. Additionally, Plaintiff asserts three state law claims for assault and battery, intentional infliction of emotional distress, and gross negligence.

Seeing as the parties to this matter are non-diverse, this Court declines to exercise supplemental jurisdiction over the latter claims so as to avoid jury confusion. See 28 U.S.C. § 1367(c); Moor v. County of Alameda, 411 U.S. 693, 716 (U.S. 1973); Padilla v. City of Saginaw, 867 F.Supp. 1309 (E.D. Mich. 1994). Thus, pursuant to 28 U.S.C. § 1367(c), all of Plaintiff's claims based on state law, including all claims found in Count III, IV, and V are hereby DISMISSED WITHOUT PREJUDICE. This Court will retain jurisdiction over Plaintiff's federal claims only.

SO ORDERED.


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