Spence v. Citicorp Credit Services, Inc.

Filing 20

ORDER adopting 19 REPORT AND RECOMMENDATIONS re 15 Response to order to show cause filed by Citicorp Credit Services, Inc. The case is hereby REMANDED to the Ninth Judicial Circuit for Orange County and the clerk is directed to close the file. Signed by Judge Anne C. Conway on 2/22/2017. (counsel mailed/emailed)(AKJ)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION CAROL SPENCE, Plaintiff, v. Case No: 6:16-cv-2235-Orl-22DCI CITICORP CREDIT SERVICES, INC., Defendant. ORDER This cause is before the Court on the Report and Recommendation (Doc. No. 19) filed on February 3, 2017. The United States Magistrate Judge has submitted a report recommending that the case be REMANDED for lack of subject matter jurisdiction. Specifically, Defendant has not proven by a preponderance of the evidence that the amount in controversy exceeds $75,000.00. 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 February 3, 2017 (Doc. No. 19), is ADOPTED and CONFIRMED and made a part of this Order. 2. This case is hereby REMANDED to the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida (Case No. 16-CA-9982-O). 3. The Court will leave pending the Motion to Compel Arbitration for the state court judge to address (Doc. No. 18). 4. The Clerk is directed to CLOSE the file. DONE and ORDERED in Orlando, Florida on February 22, 2017. Copies furnished to: Counsel of Record -2-

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