Otero v. United States of America et al

Filing 36

ORDER denying 35 Motion to Remand to State Court. Plaintiff's claims are dismissed without prejudice to being refiled in state court in accord with the attached order. The Clerk is directed to CLOSE this case. Signed by Judge Richard A. Lazzara on 3/20/2018. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ALEXI OTERO,
Plaintiff,
v.

CASE NO. 8:17-cv-1175-T-26AAS

ANN CORVAIA and
DELORES McKINNEY,
Defendants.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of
this case, together with Plaintiff’s submission, it is ORDERED AND ADJUDGED that
Plaintiff’s Motion to Remand/Transfer Venue to State Court (Dkt. 35) is denied because
this Court is unaware of any authority allowing the Court to remand or transfer venue to a
state court after the case was initiated in this Court as opposed to being removed to this
Court from state court. In light of Plaintiff’s concession that this Court no longer has
subject matter jurisdiction, the Court has no other alternative but to dismiss the
negligence claims against Defendants but without prejudice to being refiled in state court.
See 28 U.S.C. § 1367; Personalized Media Commc’ns, LLC v. Scientific-Atl., Inc., 493
F. App’x 78, 82 n.1 (11th Cir. 2012) (unpublished).

ACCORDINGLY, it is ORDERED AND ADJUDGED that Plaintiff’s claims
against Defendants are dismissed without prejudice to being refiled in the appropriate
State of Florida court. The Clerk is directed to close this case.
DONE AND ORDERED at Tampa, Florida, on March 20, 2018.

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

COPIES FURNISHED TO:

Counsel of Record

-2-