The Collection, LLC v. Racing X, LLC et al

Filing 12

ORDER re 10 Response to order to show cause filed by Racing X, LLC, Joseph Bianco. The above-captioned case is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk of Court is DIRECTED t o transmit a certified copy of this Order to the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk of Court is DIRECTED to terminate all pending motions and close the case. Signed by Judge Sheri Polster Chappell on 7/10/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
THE COLLECTION, LLC, a Montana
limited liability company
Plaintiff,
v.

Case No: 2:17-cv-348-FtM-38MRM

RACING X, LLC and JOSEPH
BIANCO,
Defendants.
/
ORDER1
This matter comes before the Court on Defendants Racing X, LLC, d/b/a Porsche
of South Shore, and Joseph Bianco’s Response to the Order to Show Cause. (Doc. 10).
Defendants removed this case citing diversity jurisdiction as the basis for subject matter
jurisdiction. (Doc. 1). But the Court directed them to show cause why it had jurisdiction
because Plaintiff filed this case in state court over a year ago and Defendants failed to
identify the domiciles of each member of the limited liability companies.

(Doc. 9).

Defendants now advise that they do not object to remanding this case to state court.
Because the Court lacks subject matter jurisdiction, it will remand this case.
Accordingly, it is now

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ORDERED:
(1) The above-captioned case is REMANDED to the Circuit Court of the Twentieth
Judicial Circuit in and for Lee County, Florida.
(2) The Clerk of Court is DIRECTED to transmit a certified copy of this Order to the
Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County,
Florida.
(3) The Clerk of Court is DIRECTED to terminate all pending motions and close
the case.
DONE and ORDERED in Fort Myers, Florida this 7th day of July 2017.

Copies: All Parties of Record

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