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Biedron v. Everest Receivable Services, Inc.
5:17-cv-11129
E.D. Mich.
Jun 2, 2017
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Docket

*1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ALICE BIEDRON,

Plaintiff, Case No. 17-11129 v. Honorable John Corbett O’Meara ENDPOINT RESOLUTION SERVICES,

L.L.C.,

Defendant.

/

ORDER OF PARTIAL DISMISSAL Plaintiff Alice Biedron recently filed an amended, three-count complaint in this court alleging violations of the following statutes: Count I, the Fair Debt Collection Practices Act; Count II, Michigan's Occupational Code; and Count III, Michigan's Collection Practices Act.

Although Count I, arising under federal law, is cognizable in this court pursuant to 28 U.S.C. § 1331, the allegations presented in Counts II and III are based solely on state law. The parties to this action may be from different states; however, the jurisdictional amount is not met. Therefore, this court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims to avoid jury confusion. *2 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 II and III are DISMISSED .

s/John Corbett O'Meara United States District Judge Date: June 2, 2017

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, June 2, 2017, using the ECF system.

s/William Barkholz Case Manager

2

Case Details

Case Name: Biedron v. Everest Receivable Services, Inc.
Court Name: District Court, E.D. Michigan
Date Published: Jun 2, 2017
Docket Number: 5:17-cv-11129
Court Abbreviation: E.D. Mich.
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