Dobronski v. First American Home Warranty Corporation

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

MARK DOBRONSKI, Case No. 23-cv-11412 Plaintiff,

v. Hon. Sean F. Cox United States District Court Judge FIRST AMERICAN HOME WARRANRY CORPORATION,

Defendant. ORDER DECLINING TO EXERCISE SUPPLEMENTAL JURIDSICTION OVER STATE-LAW CLAIMS

Acting pro se, Plaintiff filed this federal action against Defendants based upon federal- question jurisdiction. Plaintiff also asks the Court to exercise supplemental jurisdiction over his state-law claims. This Court may decline to exercise supplemental jurisdiction over a claim that “raises a novel or complex issue of state law” or that “substantially predominates over the claim or claims over which the district court has original jurisdiction.” 28 U.S.C. § 1367(c). This Court’s decision to decline supplemental jurisdiction is reviewed for abuse of discretion. Soliday v. Miami County, 55 F.3d 1158, 1164 (6th Cir. 1995). Here, Plaintiff’s state-law claims may raise novel or complex issues of state law. Further, the potential for jury confusion in this case would be great if Plaintiff’s federal claims were presented to a jury along with Plaintiff’s state-law claims. The potential for jury confusion is yet another reason for this Court to decline to exercise supplemental jurisdiction over Plaintiff’s state-law claims. Accordingly, the Court DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION over any state-law claims in this action. As such, the Court DISMISSES WITHOUT PREJUDICE Counts IX, X, XI, and XII of Plaintiff’s First Amended Complaint IT IS SO ORDERED.

Dated: January 24, 2024 s/Sean F. Cox Sean F. Cox U. S. District Judge

I hereby certify that on January 24, 2024, the document above was served on counsel and/or the parties of record via electronic means and/or First Class Mail.

s/Jennifer McCoy Case Manager