Dougherty v. Newman et al

Filing 9

ORDER remanding case, denying pending motions as moot, directing Clerk to close file. Signed by Judge Gregory A. Presnell on 1/23/2013. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
THOMAS DOUGHERTY,
Plaintiff,
v.

Case No: 6:13-cv-84-Orl-31DAB

RON NEWMAN, MITCH GREENBERG
and EXPRESS ONE INC.,
Defendants.

ORDER
This matter comes before the Court without a hearing on the Response to the Order to
Show Cause (Doc. 7) filed by Defendants Ron Newman and Mitch Greenberg. Newman and
Greenberg admit that as residents of the state of Florida, they lacked the ability to remove a case
based on 28 U.S.C. 1332(a). Accordingly, it is hereby
ORDERED that this case is REMANDED to the Circuit Court of the Eighteenth Judicial
Circuit in and for Brevard County, Florida. All pending motions are DENIED AS MOOT. The
Court will retain jurisdiction to consider an award of attorneys’ fees based on this removal; should
the Plaintiff wish to file such a motion, he must do so on or before February 1, 2013. The Clerk is
directed to close the file.
DONE and ORDERED in Orlando, Florida on January 23, 2013.