Garcia et al v. Cullen et al

Filing 14

ORDER adopting Report and Recommendations re 11 Report and Recommendations. This case is REMANDED to the Eighteenth Judicial Circuit Court, Brevard County, Florida. The Clerk of the Court is directed to remand this case to the Court in Brevard C ounty, Florida, Case No. 05-2011-SC-045490, and to thereafter close this file. Defendants' Motion to Extend Time (Doc. No. 7) shall be carried with the case on remand and determined by the state court. Plaintiff is barred from resurrecting after remand any claims based on federal law in order to pursue then in state court. Signed by Judge John Antoon II on 6/4/2012. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MODESTO GARCIA, GEORGE
OLLINGER,
Plaintiffs,
-vs-

Case No. 6:12-cv-650-Orl-28DAB

LISA CULLEN, PAM JEFFERSON,
Defendants.
______________________________________

ORDER
This case is before the Court on Defendants’ Motion for Extension of Time to
Respond to the Amended Complaint (Doc. No. 7) filed May 8, 2012. The United States
Magistrate Judge has submitted a report recommending that the District Court decline to
exercise supplemental jurisdiction in this matter, and remand this case to state court.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as
follows:
1.

That the Report and Recommendation filed May 14, 2012 (Doc. No. 11) is

ADOPTED and CONFIRMED and made a part of this Order.
2.

This case is REMANDED to the Eighteenth Judicial Circuit Court, Brevard

County, Florida. The Clerk of the Court is directed to remand this case to the Court in
Brevard County, Florida, Case No. 05-2011-SC-045490, and to thereafter close this file.

3.

Defendants’ Motion to Extend Time (Doc. No. 7) shall be carried with the case

on remand and determined by the state court.
4.

Plaintiff is barred from resurrecting after remand any claims based on federal

law in order to pursue then in state court.
DONE and ORDERED in Chambers, Orlando, Florida this __4th___ day of June,
2012.

Copies furnished to:
United States Magistrate Judge
Counsel of Record

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