Perkins v. Halex Co. Division of Scott Fetzer

MEMORANDUM AND ORDER

BATTISTI, District Judge.

This employment discrimination case, removed under the ever problematic language of 28 U.S.C. § 1441(c) [separate and independent claims]—see Notice of Removal at 2, II 3, raises a thorny jurisdictional problem. Pursuant to 28 U.S.C. § 1447(c) and Rule 12(h)(3), the Court, sua sponte, examines the statutory basis for removal. In light of Finley v. U.S., 490 U.S. 545, 109 S.Ct. 2003, 104 L.Ed.2d 593 (1989) (the death knell for pendent-party jurisdiction) and its subsequent application in Stallworth v. City of Cleveland, 893 F.2d 830 (6th Cir.1990),…