Torres v. Wal-Mart Stores East, LP

Filing 22

ORDER denying as moot 21 Motion to Extend Time, relieving the parties of responsibility to mediate, and directing the Clerk to remand this case to state court and thereafter close the case in accord with the attached order. Signed by Judge Richard A. Lazzara on 1/23/2018. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JORGE N. TORRES,
Plaintiff,
v.

CASE NO. 8:17-cv-441-T-26JSS

WAL-MART STORES EAST, LP,
Defendant.
/

ORDER
Defendant, through counsel, has filed a Notice of Trial Conflict at docket 20. The
parties, through counsel, have filed a Stipulated Motion to Extend Deadlines at docket 21.
These filings have prompted the Court to examine the procedural history of this case,
including the basis for Defendant’s removal from the state court filed at docket 1, which
removal is based solely on the fact that Plaintiff admitted, in response to one of
Defendant’s Request for Admissions, “that Plaintiff is alleging damages in excess of
$75,000.00.” In light of that fact, the Court, in reliance on two recent decisions
remanding cases involving this same Defendant based on the fact that such an admission
does not confer diversity jurisdiction on this Court, thus depriving the Court of subject
matter jurisdiction, concludes that this case should also be remanded to state court. See

Brown v. Wal-Mart Stores East, LP, case number 8:18-cv-82, docket 7; DelgadoVelazquez v. Wal-Mart Stores East, LP, case number 8:17-cv-2910, docket 8.
ACCORDINGLY, because pursuant to 28 U.S.C. § 1447(c) this Court is
mandated to remand a case to state court prior to the entry of final judgment if at any time
it appears subject matter jurisdiction is lacking, and because it is manifestly apparent from
the record before this Court that subject matter jurisdiction in the form of diversity
jurisdiction is lacking, it is ORDERED AND ADJUDGED as follows:
1) The Clerk is directed to remand this case to the Circuit Court of the Thirteenth
Judicial Circuit, in and for Hillsborough County, Florida, and to close the case following
remand.
2) The Motion for Extension of Time (Dkt. 21) is denied as moot.
3) The parties are relieved of the responsibility to mediate this case pursuant to
the Court’s order entered at docket 19.
DONE AND ORDERED at Tampa, Florida, on January 23, 2018.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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