First Transit, Inc. v. Pinellas Suncoast Transit Authority

Middle District of Florida, flmd-8:2017-cv-00814

ORDER: (1) The Report and Recommendation of the Magistrate Judge {{83}} is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendant, Pinellas Suncoast Transit Authority's Motion to Dismiss Amended Complaint {{59}} is GRANTED, as the Court lacks subject matter jurisdiction over Plaintiff's claims. (3) Defendant, Jolley Trolley Transportation of Clearwater, Inc.'s Motion to Dismiss Plaintiff&# 039;s Amended Complaint {{60}} is GRANTED, as the Court lacks subject matter jurisdiction over Plaintiff's claims. (4) Plaintiff's Renewed and Amended Motion for Preliminary Injunction {{62}} is DENIED. (5) The Clerk is directed to terminate all pending motions and deadlines and close this case. Signed by Judge Charlene Edwards Honeywell on 11/21/2017. (BGS)

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PageID 1809 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FIRST TRANSIT, INC., Plaintiff, v. Case No: 8:17-cv-814-T-36MAP PINELLAS SUNCOAST TRANSIT AUTHORITY and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., Defendants. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Mark A. Pizzo on October 30, 2017 (Doc. 83). In the Report and Recommendation, Magistrate Judge Pizzo recommends that: (1) Pinellas Suncoast Transit Authority's and Jolley Trolley's motions to dismiss for lack of subject matter jurisdiction (Docs. 59, 60) be GRANTED; and (2) First Transit's motion for preliminary injunction (Doc. 62) be DENIED. All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED: (1) The Report and Recommendation of the Magistrate Judge (Doc. 83) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. PageID 1810 (2) Defendant, Pinellas Suncoast Transit Authority's Motion to Dismiss Amended Complaint (Doc. 59) is GRANTED, as the Court lacks subject matter jurisdiction over Plaintiff's claims. (3) Defendant, Jolley Trolley Transportation of Clearwater, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint (Doc. 60) is GRANTED, as the Court lacks subject matter jurisdiction over Plaintiff's claims. (4) Plaintiff's Renewed and Amended Motion for Preliminary Injunction (Doc. 62) is DENIED. (5) The Clerk is directed to terminate all pending motions and deadlines and close this case. DONE AND ORDERED at Tampa, Florida on November 21, 2017. Copies to: The Honorable Mark A. Pizzo Counsel of Record 2