Kelley v. Deutsche Bank Trust Company et al

Filing 27

ORDER adopting 26 REPORT AND RECOMMENDATIONS re 23 Response to order to show cause filed by Altisource Solutions, Inc. The Court DECLINES to exercise supplemental jurisdiction over all claims in the amended complaint. This matter is REM ANDED to the Circuit Court in and for Brevard County, Florida. The Clerk is DIRECTED to send a certified copy of this Order to the Clerk of the Court for the Circuit Court of the 18th Judicial Circuit, in and for Brevard County, Florida. The Clerk is thereafter DIRECTED to close the file. Signed by Judge Paul G. Byron on 10/26/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MATTHEW W. KELLEY,
Plaintiff,
v.

Case No: 6:17-cv-1635-Orl-40TBS

DEUTSCHE BANK TRUST COMPANY
and ALTISOURCE SOLUTIONS, INC.,
Defendants.
/
ORDER
This cause is before the Court following United States Magistrate Judge Thomas
B. Smith issuing an Order to Show Cause why the Court should not decline to exercise
its jurisdiction over the purely state law claims presented in Plaintiff’s amended complaint
(Doc. 17) and his review of Altisource Solutions, Inc.’s response (Doc. 23). Judge Smith
has submitted a report recommending that the Court decline to exercise supplemental
jurisdiction over all claims in the amended complaint, and that this case be remanded to
the state court. (Doc. 26).
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 October 11, 2017 (Doc. 26), is

ADOPTED and CONFIRMED and made a part of this Order.

2.

The Court DECLINES to exercise supplemental jurisdiction over all claims

in the amended complaint.
3.

This matter is REMANDED to the Circuit Court in and for Brevard County,

Florida.
4.

The Clerk is DIRECTED to send a certified copy of this Order to the Clerk

of the Court for the Circuit Court of the 18th Judicial Circuit, in and for Brevard County,
Florida.
5.

The Clerk is thereafter DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on October 26, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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