Vorgitch v. City of Harper Woods ( 2021 )

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