Danilla v. ATM Maintenance Services, Inc. et al

Filing 19

ORDER: Count I of Plaintiff Joseph Danilla's Complaint (Workers' Compensation Retaliation) is REMANDED to the Circuit Court of the Sixth Judicial Circuit, in and for Pinellas County, Florida. Signed by Judge Virginia M. Hernandez Covington on 10/31/2016. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOSEPH DANILLA,
Plaintiff,
v.

Case No. 8:16-cv-2671-T-33JSS

ATM MAINTENANCE SERVICES, INC.,
et al.,
Defendants.
_____________________________/
ORDER
This matter comes before the Court sua sponte. Plaintiff
Joseph Danilla filed his Complaint in state court on August
3, 2016. (Doc. # 2). In his Complaint, Danilla brings two
counts:

Workers’

Compensation

Retaliation

(Count

I)

and

Family Medical Leave Act Interference (Count II). Defendants
ATM Maintenance Services, Inc., Ameri-Tech Realty, Inc., and
Fox Chase West Property Owners Association, Inc. subsequently
removed to this Court on the basis of federal question
jurisdiction as to Count II and supplemental jurisdiction as
to Count I. (Doc. # 1).
The Court held a Case Management Hearing on September
30, 2016, and, because federal courts are courts of limited
jurisdiction, this Court inquired as to the propriety of

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exercising jurisdiction as to Count I. (doc. # 11). The Court
orally ordered, and shortly thereafter entered an endorsed
Order directing (Doc. # 13), Defendants to show cause why
Count I should not be remanded.
In response to the Court’s Order to show cause, the
parties have filed a joint statement of remand, by which the
parties “consent to remand of Count I of Plaintiff’s Complaint
(Workers’ Compensation Retaliation) to the Circuit Court of
the Sixth Judicial Circuit, in and for Pinellas County,
Florida.” (Doc. # 18). After review, the Court agrees that
remand

is

appropriate.

See

Catuey

v.

Flatiron-Tidewater

Skanska, No. 8:10-cv-2730-T-23EAJ, 2011 WL 766342, at *2-3
(M.D. Fla. Feb. 25, 2011) (remanding a workers’-compensation
retaliation claim brought under § 440.205, Fla. Stat., for
lack

of

subject-matter

jurisdiction,

while

retain

jurisdiction over ADA claim).
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Count
(Workers’

I

of

Plaintiff

Compensation

Joseph

Retaliation)

Danilla’s
is

Complaint

REMANDED

to

the

Circuit Court of the Sixth Judicial Circuit, in and for
Pinellas County, Florida.

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DONE and ORDERED in Chambers in Tampa, Florida, this
31st day of October, 2016.

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