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)

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