Vorgitch v. City of Harper Woods

District Court, E.D. Michigan

Vorgitch v. City of Harper Woods

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOHN VORGITCH,

Plaintiff, No. 21-11657

v. Honorable Nancy G. Edmunds

CITY OF HARPER WOODS, et al.,

Defendants. _______________________________________/

ORDER DISMISSING PLAINTIFF'S STATE LAW CLAIMS

Plaintiff John Vorgitch brings this civil rights lawsuit against the City of Harper Woods; its Director of Public Safety, Vincent Smith; and its Acting City Manager, John Szymanski. Plaintiff alleges violations of the United States Constitution and

42 U.S.C. § 1983

. He also brings state law claims of false light, intentional infliction of emotional distress, and defamation. Since the parties to this matter are non-diverse, this Court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims so as to avoid jury confusion. See

28 U.S.C. § 1367

(c)(4); Moor v. Cty. of Alameda,

411 U.S. 693, 716

(1973); Padilla v. City of Saginaw,

867 F. Supp. 1309, 1315

(E.D. Mich. 1994). Thus, pursuant to § 1367(c), all of Plaintiff’s claims based on state law, including the claims found in Counts III, IV, and V of his complaint, are hereby DISMISSED WITHOUT PREJUDICE. The Court will retain jurisdiction over Plaintiff’s federal claims only. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: September 10, 2021 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 10, 2021, by electronic and/or ordinary mail.

s/Lisa Wagner for Lisa Bartlett Case Manager

Reference

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