Bristow v. WooSender, Inc.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KYLE J. BRISTOW,
Plaintiff,
Case No. 24-cv-12833
v. 	Hon. Matthew F. Leitman
WOOSENDER, INC.,
Defendant.
__________________________________________________________________/
ORDER (1) REMANDING STATE-LAW CLAIMS; (2) DENYING
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF No. 19); (3)
DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (ECF
No. 32); (4) DENYING PLAINTIFFS’ MOTIONS FOR SANCTIONS (ECF
Nos. 20, 38), and (5) TERMINATING CURRENT SCHEDULING
DEADLINES
On December 8, 2025, the Court held a hearing on the pending motions in this
case. 	For the reasons stated on the record, IT IS HEREBY ORDERED AS
FOLLOWS:
(1) Pursuant to 28 U.S.C. §§ 1367(c)(1) & (4), the Court declines to exercise
supplemental jurisdiction over the Plaintiff’s state law claims. 	Plaintiff’s
claims for violations of Michigan’s Home Solicitation Sales Act, Michigan’s
Telephone Companies as Common Carriers Act, and Michigan’s Consumer
Protection Act (Counts III, IV, and V of the Second Amended Complaint,
ECF No. 16) are therefore SEVERED AND REMANDED to the 31st
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Judicial Circuit Court for St. Clair County, Civil Division, the state court in
which this case was originally filed.
(2) Plaintiff’s Motion for Summary Judgment (ECF No. 19) is DENIED. 	The
denial is without prejudice with respect to the portion of the motion that
sought summary judgment on Plaintiff’s claim under 47 U.S.C. § 227(b).
Plaintiff shall have 60 days to file a renewed motion for summary judgment
solely on this claim.
(3) Defendant’s Motion for Summary Judgment (ECF No. 32) is DENIED.
(4) Plaintiff’s first Motion for Sanctions (ECF No. 20) is DENIED.
(5) Plaintiff’s second Motion for Sanctions (ECF No. 38) is DENIED.
All remaining deadlines in the Case Management Order are canceled and will be
re-set following a ruling on Plaintiff’s renewed motion for summary judgment.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: December 9, 2025
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on December 9, 2025, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
(313) 234-5126
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