Sayler et al v. Travelers Property Casualty Company of America

Filing 3

ORDERED: This case is TRANSFERRED to the Ocala Division of this Court for all future proceedings, and the Clerk of Court shall immediately forward the file to that Division and close the file. See Order for details. Signed by Judge Marcia Morales Howard on 6/22/2017. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

CURTIS SAYLER and CHERYL SAYLER,
Plaintiffs,
Case No. 3:17-cv-680-J-34JBT
vs.
TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
Defendant.
/
ORDER
This matter is before the Court sua sponte. Upon review of Defendant’s, Travelers
Property Casualty Company of America, Notice of Removal (Doc. 1; Notice) and Plaintiffs’
Complaint (Doc. 2), it appears that this action was improperly removed to the Jacksonville
Division of the United States District Court for the Middle District of Florida. Pursuant to
Local Rule 4.02(a), Local Rules, United States District Court, Middle District of Florida
(“Local Rule(s)”), “[a]ll cases removed to this Court from the courts of the State of Florida
shall be docketed and assigned, in accordance with Rule 1.03 of these rules, in the Division
encompassing the county of the State in which the case was pending.” See Local Rule
4.02(a); see also 28 U.S.C. § 1446(a) (“A defendant or defendants desiring to remove any
civil action from a State court shall file in the district court of the United States for the district
and division within which such action is pending a notice of removal . . . .” (emphasis
added)).
Here, the Notice of Removal indicates that Plaintiffs, Curtis and Cheryl Sayler, filed
this case “in the Fifth Judicial Circuit of Marion County, Florida.” Notice of Removal ¶ 1;

see also Complaint at 1. Marion County, Florida, is in the Ocala Division. Local Rule
1.02(b)(2). Thus, Travelers Property Casualty Company of America should have removed
the case to the Ocala Division. Accordingly, it is hereby
ORDERED:
This case is TRANSFERRED to the Ocala Division of this Court for all future
proceedings, and the Clerk of Court shall immediately forward the file to that Division and
close the file.
DONE AND ORDERED in Jacksonville, Florida, on June 22, 2017.

lc11
Copies to:
Counsel of Record