Teamcare Pharmacy Services, Inc. et al v. Walgreen Co.

Filing 16

ORDER adopting 15 Report and Recommendation of the Magistrate Judge. Plaintiff's Motion to Remand 8 is GRANTED. This case is REMANDED to the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida. The Clerk is directed to transmit a certified copy of this Order to the Clerk of the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida. The Clerk is further directed to terminate all previously scheduled deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 7/23/2013. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TEAMCARE PHARMACY SERVICES, INC.
and TEAMCARE INFUSION ORLANDO,
INC.,
Plaintiffs,
v.

Case No: 6:13-cv-844-Orl-36TBS

WALGREEN CO.,
Defendant.

ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate
Judge Thomas B. Smith (Doc. 15). In the Report and Recommendation, Magistrate Judge Smith
recommends that Plaintiffs Teamcare Pharmacy Services, Inc. and Teamcare Infusion Orlando,
Inc.’s (“Plaintiffs”) Motion to Remand (“Motion to Remand”) (Doc. 8) be granted and that the
case be remanded to the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole
County, Florida. See Doc. 15, p. 4. No party has objected to the Report and Recommendation
and the time to do so has expired.
The Court is in agreement with the Magistrate Judge that Defendant Walgreen Co. has
failed to meet its burden of proving, by a preponderance of the evidence, that the amount in
controversy exceeds $75,000. See id. As such, this case must be remanded for lack of subject
matter jurisdiction. See Leonard v. Enter. Rent a Car, 279 F.3d 967, 972 (11th Cir. 2002).
Therefore, after careful consideration of the Report and Recommendation of the Magistrate
Judge, in conjunction with an independent examination of the court file, the Court is of the

opinion that the Magistrate Judge’s Report and Recommendation should be adopted, confirmed,
and approved in all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 15) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

2.

Plaintiff’s Motion to Remand (Doc. 8) is GRANTED.

3.

This case is REMANDED to the Circuit Court of the Eighteenth Judicial Circuit
in and for Seminole County, Florida.

4.

The Clerk is directed to transmit a certified copy of this Order to the Clerk of the
Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County,
Florida. The Clerk is further directed to CLOSE this case and terminate all
previously scheduled deadlines.

DONE and ORDERED in Orlando, Florida on July 23, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties
United States Magistrate Judge Thomas B. Smith

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