Freedom Environmental Services, Inc. v. Borish et al

Filing 22

ORDER: The Report and Recommendation filed June 20, 2012 (Doc. No. 18 ), is ADOPTED and CONFIRMED and made a part of this Order. This case is DISMISSED for lack of subject matter jurisdiction. The Court declines to exercise supplemental jurisdictio n over the state law claims pursuant to §1367. The Court retains jurisdiction over the issue of whether either counsel had the authority to file the case or dismiss the case. Appearance and the Unauthorized Voluntary Dismissal Filed by Attorney Gus R. Benitez, Esq.(Doc. No. 11 ) is DENIED as moot. Signed by Chief Judge Anne C. Conway on 6/28/2012. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FREEDOM ENVIRONMENTAL
SERVICES, INC.,
Plaintiff,
v.

Case No: 6:12-cv-665-Orl-22DAB

MICHAEL BORISH, COLONIAL
STOCK TRANSFER COMPANY, INC.,
BRETT ROWLAND, MARC
BARHONOVICH, REGINALD M.
BERTHIAUME and JOHN DOES 1
THROUGH 5,
Defendants.

ORDER
This cause is before the Court on the Report and Recommendation (Doc. No. 18) filed on
June 20, 2012.
The United States Magistrate Judge has submitted a report recommending that the case
be dismissed for lack of subject matter jurisdiction and to decline to exercise supplemental
jurisdiction over the state law claims pursuant to §1367.
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.

The Report and Recommendation filed June 20, 2012 (Doc. No. 18), is

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

This case is DISMISSED for lack of subject matter jurisdiction. The Court

declines to exercise supplemental jurisdiction over the state law claims pursuant to §1367.

3.

The Court retains jurisdiction over the issue of whether either counsel had the

authority to file the case or dismiss the case.
4.

The Combined Motion to Reopen Case and to Strike Both the Notice of

Appearance and the Unauthorized Voluntary Dismissal Filed by Attorney Gus R. Benitez, Esq.
(Doc. No. 11) is DENIED as moot.
DONE and ORDERED in Orlando, Florida on June 28, 2012.

Copies furnished to:
Counsel of Record

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