Timmons et al v. Waffle House, Inc.

Filing 3

ORDERED: On or before February 26, 2018, Defendant Waffle House, Inc. is directed to SHOW CAUSE why this case should not be transferred to the Gainesville Division of the Northern District of Florida for all future proceedings. See Order for details. Signed by Judge Marcia Morales Howard on 2/12/2018. (MHM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
FREDDIE TIMMONS and
ANDREW TIMMONS, her husband,
Plaintiffs,
Case No. 3:18-cv-218-J-34PDB
vs.
WAFFLE HOUSE, INC.,
Defendant.
/
ORDER
This matter is before the Court sua sponte. Upon review of Defendant Waffle House,
Inc.’s 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 28 U.S.C. § 1441(a), “any civil action
brought in State court of which the district courts of the United States have original
jurisdiction, may be removed by the defendant or the defendants, to the district court of the
United States for the district and division embracing the place where such action is
pending.” See 28 U.S.C. § 1441(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 . . . .”).
Here, the Notice of Removal indicates that Plaintiffs, Freddie and Andrew Timmons,
filed this case “in the Eighth Judicial Circuit In and For Alachua County, Florida.” Notice of
Removal ¶ 1; see also Complaint at 1. Alachua County, Florida, is in the Gainesville

Division of the Northern District of Florida. See 28 U.S.C. § 89(a); N.D. Fla. Loc. R.
3.1(A)(4). Thus, it appears Waffle House, Inc. should have removed the case to that
Division and District. Accordingly, it is hereby
ORDERED:
On or before February 26, 2018, Defendant Waffle House, Inc. is directed to SHOW
CAUSE why this case should not be transferred to the Gainesville Division of the Northern
District of Florida for all future proceedings.
DONE AND ORDERED in Jacksonville, Florida, on February 12, 2018.

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