First Transit, Inc. v. Pinellas Suncoast Transit Authority

Filing 84

ORDER: (1) The Report and Recommendation of the Magistrate Judge 83 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendant, Pinellas Suncoast Transit Authority's Motion to Dismiss Amended Complaint 59 is GRANTED, as the Court lacks subject matter jurisdiction over Plaintiff's claims. (3) Defendant, Jolley Trolley Transportation of Clearwater, Inc.'s Motion to Dismiss Plaintiff&# 039;s Amended Complaint 60 is GRANTED, as the Court lacks subject matter jurisdiction over Plaintiff's claims. (4) Plaintiff's Renewed and Amended Motion for Preliminary Injunction 62 is DENIED. (5) The Clerk is directed to terminate all pending motions and deadlines and close this case. Signed by Judge Charlene Edwards Honeywell on 11/21/2017. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FIRST TRANSIT, INC.,
Plaintiff,
v.

Case No: 8:17-cv-814-T-36MAP

PINELLAS SUNCOAST TRANSIT
AUTHORITY and JOLLEY TROLLEY
TRANSPORTATION OF CLEARWATER,
INC.,
Defendants.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Mark A. Pizzo on October 30, 2017 (Doc. 83).

In the Report and

Recommendation, Magistrate Judge Pizzo recommends that: (1) Pinellas Suncoast Transit
Authority’s and Jolley Trolley’s motions to dismiss for lack of subject matter jurisdiction (Docs.
59, 60) be GRANTED; and (2) First Transit’s motion for preliminary injunction (Doc. 62) be
DENIED. All parties were furnished copies of the Report and Recommendation and were afforded
the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed.
Upon consideration of the Report and Recommendation, and upon this Court's independent
examination of the file, it is determined that the Report and Recommendation should be adopted.
Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 83) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

(2)

Defendant, Pinellas Suncoast Transit Authority’s Motion to Dismiss Amended
Complaint (Doc. 59) is GRANTED, as the Court lacks subject matter jurisdiction
over Plaintiff’s claims.

(3)

Defendant, Jolley Trolley Transportation of Clearwater, Inc.’s Motion to Dismiss
Plaintiff’s Amended Complaint (Doc. 60) is GRANTED, as the Court lacks subject
matter jurisdiction over Plaintiff’s claims.

(4)

Plaintiff’s Renewed and Amended Motion for Preliminary Injunction (Doc. 62) is
DENIED.

(5)

The Clerk is directed to terminate all pending motions and deadlines and close this
case.

DONE AND ORDERED at Tampa, Florida on November 21, 2017.

Copies to:
The Honorable Mark A. Pizzo
Counsel of Record

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