Smith v. Orange Lake Country Club Inc. et al

Filing 11

ORDER -- the Clerk is DIRECTED to REMAND this action to the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida. Signed by Judge Roy B. Dalton, Jr. on 3/23/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DONTAVIOUS TAY SMITH,
Plaintiff,
v.

Case No. 6:17-cv-424-Orl37TBS

ORANGE LAKE COUNTRY CLUB
INC.; and ORANGE LAKE COUNTRY
CLUB REALTY INC,
Defendants.
_____________________________________
ORDER
This cause is before the Court on its own motion.
On March 8, 2017, Defendants removed the instant action to this Court on the basis
of federal question jurisdiction, despite the fact that the Complaint (Doc. 2) asserted only
state law claims. (See Doc. 1 (“Notice”).) Upon review, the Court determined that it lacked
subject matter jurisdiction and ordered Defendants to show cause why: (1) this matter
should not be remanded; and (2) sanctions should not be imposed for Defendants’
bad-faith removal. (Doc. 9 (“Show Cause Order”).) Defendants timely responded to the
Show Cause Order and stipulate that the case should be remanded. (Doc. 10.)
As to the matter of sanctions, Defendants admit that the Complaint’s single
reference to a federal venue statute does not confer subject matter jurisdiction on the
Court. (Doc. 1, ¶ 4.) Nevertheless, Defendants contend that sanctions are unwarranted
because they acted in good faith. (See id. at ¶ 5.) Indeed, according to Defendants, they
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were hopeful that the Court would help them eschew a frivolous lawsuit by Plaintiff,
who is notorious for filing such actions. 1 (Doc. 10, ¶¶ 3–4.) But “hope” alone is no more
a basis for removal than the federal venue statute and, contrary to Defendants’ sophistry,
the impropriety of their removal is not debatable. Exercising federal jurisdiction where it
does not exist is hardly the correct response to the frustration of dealing with a serial filer.
To “overlook” the absence of subject matter jurisdiction and repay an abuse of the judicial
system with an abuse of power by the Court flouts the Constitution judicial officers have
sworn to uphold. Hence the Court declines the invitation to commit reversible error by
assuming jurisdiction that it does not have. Counsel is forewarned that future attempts
at baseless removal will result in severe sanctions.
Accordingly, the Clerk is DIRECTED to REMAND this action to the Circuit Court
of the Eighteenth Judicial Circuit in and for Brevard County, Florida and to close the case.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on March 23, 2017.

Copies to:
Counsel of Record

1 See

Case No. 6:15-cv-527-Orl-37KRS, Doc. 17.
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Pro Se Party
The Circuit Court of the Eighteenth Judicial Circuit
in and for Brevard County, Florida

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