Otero v. United States of America et al

Middle District of Florida, flmd-8:2017-cv-01175

ORDER denying {{35}} Motion to Remand to State Court. Plaintiff's claims are dismissed without prejudice to being refiled in state court in accord with the attached order. The Clerk is directed to CLOSE this case. Signed by Judge Richard A. Lazzara on 3/20/2018. (CCB)

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PageID 120 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ALEXI OTERO, Plaintiff, v. CASE NO. 8:17-cv-1175-T-26AAS ANN CORVAIA and DELORES McKINNEY, Defendants. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this case, together with Plaintiff's submission, it is ORDERED AND ADJUDGED that Plaintiff's Motion to Remand/Transfer Venue to State Court (Dkt. 35) is denied because this Court is unaware of any authority allowing the Court to remand or transfer venue to a state court after the case was initiated in this Court as opposed to being removed to this Court from state court. In light of Plaintiff's concession that this Court no longer has subject matter jurisdiction, the Court has no other alternative but to dismiss the negligence claims against Defendants but without prejudice to being refiled in state court. See 28 U.S.C. § 1367; Personalized Media Commc'ns, LLC v. Scientific-Atl., Inc., 493 F. App'x 78, 82 n.1 (11th Cir. 2012) (unpublished). PageID 121 ACCORDINGLY, it is ORDERED AND ADJUDGED that Plaintiff's claims against Defendants are dismissed without prejudice to being refiled in the appropriate State of Florida court. The Clerk is directed to close this case. DONE AND ORDERED at Tampa, Florida, on March 20, 2018. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record -2-