Hunt v. Gualtieri et al

Filing 32

ORDER: The Clerk is directed to remand this case to the Sixth Judicial Circuit, in and for Pinellas County, Florida. Thereafter, the Clerk shall close the case. Signed by Judge Virginia M. Hernandez Covington on 4/7/2017. (DMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KATHLEEN HUNT,
Plaintiff,
v.

Case No. 8:16-cv-509-T-33AAS

BOB GUALTIERI, MAXIM
PHYSICIAN RESOURCES, LLC,
and DR. LUIS A. QUINONES,
Defendants.
_____________________________/
ORDER
This matter comes before the Court sua sponte. For the
reasons

that

follow,

the

case

is

remanded

to

the

Sixth

Judicial Circuit, in and for Pinellas County, Florida.
I.

Background
This case was originally filed in state court on May 15,

2015, and was removed to this Court on the basis of federal
question jurisdiction on May 22, 2015, where it was assigned
case number 8:15-cv-1257-T-33EAJ. Pursuant to a joint motion,
15-cv-1257 was bifurcated. Counts I and II of the Amended
Complaint against Defendants Fox and Cruz were severed from
Counts IV, V, VI, VII, VIII, IX, and X, against Defendants
Gualtieri, Maxim Physician Resources, LLC, and Dr. Quinones.
(Doc. # 2). As a result, on March 2, 2016, this case against

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Gualtieri, Maxim, and Dr. Quinones, 8:16-cv-509-T-33AAS, was
opened,

stayed,

and

administratively

closed

pending

resolution of the claims against Fox and Cruz in the companion
case. (Id.).
After the claims against Fox and Cruz were dismissed
with prejudice and the companion case closed, this case was
reopened. (Doc. # 9). On December 2, 2016, Counts VII and
VIII against Maxim were dismissed, but Counts IV, V, and VI
against Gualtieri and Counts IX and X against Maxim and Dr.
Quinones

remained.

(Doc.

#

22).

Subsequently,

Hunt

and

Gualtieri filed a joint motion to dismiss Counts IV, V, and
VI against Gualtieri with prejudice. (Doc. # 30). Count IV —
a 42 U.S.C. § 1983 claim — was the sole federal claim
remaining. The Court granted Hunt and Gualtieri’s motion on
April 7, 2017. (Doc. # 31).
II.

Discussion
Pursuant to Hunt and Gualtieri’s joint motion, the Court

dismissed the three counts against Gualtieri, including the
Amended Complaint’s sole federal claim. (Doc. # 31). The two
remaining counts, Counts IX and X, are state law claims for
medical negligence against Dr. Quinones and Maxim, over which
the

Court

was

exercising

supplemental

jurisdiction.

The

Eleventh Circuit “has repeatedly said that, when all of the
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federal claims have been dismissed pretrial, Supreme Court
case law ‘strongly encourages or even requires dismissal of
the state claims.’” Estate of Owens v. GEO Grp., Inc., 660
Fed. Appx. 763, 775 (11th Cir. 2016)(citations omitted).
However, because this case was removed to federal court,
remand rather than dismissal is appropriate. See Cook v.
Sheriff of Monroe Cty., 402 F.3d 1092, 1123 (11th Cir. 2005)
(explaining “[b]ecause this case was originally filed in
state court and removed to federal court pursuant to 28 U.S.C
§ 1441, if the district court declines to continue to exercise
supplemental

jurisdiction,

[plaintiff’s]

remaining

claim

should be remanded to state court”); Lewis v. City of St.
Petersburg, 260 F.3d 1260, 1267 (11th Cir. 2001)(holding that
after

all

district

federal
court

claims

does

had

been

decline

to

dismissed,
exercise

“[i]f

the

supplemental

jurisdiction, these [state] claims shall be remanded to state
court,

rather

originally
court”).

than

filed

in

dismissed,
state

Accordingly,

supplemental

the

jurisdiction

because

court

and

Court
over

the

this

removed

declines

case
to

to

remaining

was

federal
exercise

state

law

claims, Counts IX and X, and the case is remanded to the Sixth
Judicial Circuit, in and for Pinellas County, Florida.
Accordingly, it is
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ORDERED, ADJUDGED, and DECREED:
The Clerk is directed to REMAND this case to the Sixth
Judicial

Circuit,

in

and

for

Pinellas

County,

Florida.

Thereafter, the Clerk shall CLOSE THE CASE.
DONE and ORDERED in Chambers in Tampa, Florida, this 7th
day of April, 2017.

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