Taylor v. American Red Cross

Filing 6

ORDER discharging 4 Order to Show Cause. See Order for details. Signed by Judge Marcia Morales Howard on 10/7/2014. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
CYNTHIA LEE TAYLOR,
Plaintiff,
vs.

Case No. 3:14-cv-1100-J-34JBT

AMERICAN RED CROSS,
Defendant.
_____________________________________/

ORDER
THIS CAUSE is before the Court sua sponte. On September 10, 2014, Plaintiff
initiated the instant action by filing a one-count Complaint (Doc. 1) against Defendant. In the
Complaint, Plaintiff asserts that the Court has diversity jurisdiction over this action because
Plaintiff and Defendant are citizens of different states. See Complaint at 1. On September
19, 2014, the Court entered an Order to Show Cause questioning its diversity jurisdiction
over this action. See Order to Show Cause (Doc. 4). Plaintiff filed a response to the Order
to Show Cause on September 30, 2014. See Response (Doc. 5). However, upon further
review, the Court finds that it need not determine whether diversity jurisdiction is proper
because it appears that federal courts have original jurisdiction over cases to which the
American Red Cross is a party. See Am. Nat’l Red Cross v. S.G & A.E., 505 U.S. 247, 248
(1992). As the American Red Cross is a Defendant to this action, the Court has subject
matter jurisdiction over this case. Id. Therefore, the Court will discharge the Order to Show
Cause and direct Plaintiff to effect service of process on Defendant in accordance with Rule
4, Federal Rules of Civil Procedure. Accordingly, it is

ORDERED:
1.

The Court’s Order to Show Cause (Doc. 4) is DISCHARGED.

2.

Plaintiff shall effect service of process on Defendant in accordance with Rule
4, Federal Rules of Civil Procedure.

DONE AND ORDERED at Jacksonville, Florida on October 7, 2014.

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Copies to:
Counsel of Record
Pro Se Parties

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