Maysonet v. Mastronardi Produce USA, Inc.

Filing 6

ORDER granting 5 unopposed motion to remand Count I to state court. The Clerk is directed to remand Count I only to the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, and to transmit a certified copy of this order to the Clerk of that Court. Signed by Judge Kathryn Kimball Mizelle on 2/18/2021. (DMP)

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Case 8:21-cv-00347-KKM-AAS Document 6 Filed 02/18/21 Page 1 of 2 PageID 50 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CARMEN MAYSONET, Plaintiff, v. Case No: 8:21-cv-347-T-KKM-AAS MASTRONARDI PRODUCE USA, INC., Defendant. / ORDER Plaintiff Carmen Maysonet moves to remand her retaliation claim under Florida Workers’ Compensation Law (Section 440.205, Florida Statutes). (Doc. 5). Defendant Mastronardi Produce does not oppose Maysonet’s motion. (Id. at 5). A civil action arising under a state’s workers’ compensation laws may not be removed to federal court. 28 U.S.C. § 1445(c). As a result, this Court must remand Plaintiff’s retaliation claim brought under Florida Workers’ Compensation Law. See Reed v. Heil Co., 206 F.3d 1055, 1061 (11th Cir. 200); see also Alansari v. Tropic Star Seafood Inc., 388 F. App’x 902, 905–6 (11th Cir. 2010). Because this Court lacks subject-matter jurisdiction over Maysonet’s retaliation claim alleged in Count I of her removed complaint, the following is ORDERED: Case 8:21-cv-00347-KKM-AAS Document 6 Filed 02/18/21 Page 2 of 2 PageID 51 1. Maysonet’s unopposed motion to remand Count I (Doc. 5) is GRANTED. 2. The Clerk is DIRECTED to remand Count I only to the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida, and to transmit a certified copy of this order to the Clerk of that Court. ORDERED in Tampa, Florida, on February 18, 2021. 2

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