Meus et al v. The Geo Group, Inc. et al

Filing 13

ORDER adopting 12 Report and Recommendation of the Magistrate Judge. This cause is hereby TRANSFERRED to the United States District Court for the Southern District of Florida for all further proceedings. Plaintiffs' Motion for Remand, Reque st for Attorney's Fees 9 is DENIED. The Clerk is directed to terminate all pending motions, immediately transfer this cause to the United States District Court for the Southern District of Florida and CLOSE this case. Signed by Judge Charlene E. Honeywell on 8/31/2011. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

POWER MEUS, as Personal Representative of the
Estate of Power Ed Meus, deceased, and on behalf
of Natural Father, Power Meus, DELPHINE MEUS
JEAN NOEL, Mother, WISLAINE MEUS, Wife,
TASHA REDMOND, as Natural Mother and Legal
Guardian of Sah Von Meus, a minor child of Power
Ed Meus, deceased,
Plaintiffs,
v.
THE GEO GROUP, INC., formerly known as
WACKENHUT CORRECTIONS CORP., doing
business as MOORE HAVEN CORRECTIONAL
FACILITY, GEO CARE, THE STATE OF
FLORIDA DEPARTMENT OF MANAGEMENT
SERVICES, Bureau of Correctional Privatization
(formerly The Correctional Privatization
Commission), FLORIDA DEPARTMENT OF
CORRECTIONS, JOHN MCCARDEL, individually
and in his capacity as Health Care Services
Administrator for the Moore Haven Correctional
Facility, The Geo Group, Inc., f/k/a Wackenhut
Corrections Corporation and/or GEO Care, Inc.,
TOM C. LEVINS, individually and in his capacity
as Warden/Facility Administrator for the Moore
Haven Correctional Facility, The GEO Group, Inc.,
f/k/a Wackenhut Corrections Corporation and/or
GEO Care Inc., TIMOTHY LOVELL, Lieutenant,
individually and in his capacity as a Correctional
Officer for the Moore Haven Correctional Facility,
The GEO Group, Inc., f/k/a Wackenhut Corrections
Corporation and/or GEO Care Inc., TRACY
ANDERSON, individually and in her capacity as a
Licensed Practical Nurse for the Moore Haven
Correctional Facility, The GEO Group, Inc., f/k/a
Wackenhut Corrections Corporation and/or GEO
Care Inc., KATHY ROBERTS, individually and in
her capacity as a Licensed Practical Nurse for the
Moore Haven Correctional Facility, The GEO

CASE NO. 2:11-CV-361-FtM-36DNF

Group, Inc., f/k/a Wackenhut Corrections
Corporation and/or GEO Care, Inc., ELAINE
MCGRORY, individually and in her capacity as a
Licensed Registered Nurse for the Moore Haven
Correctional Facility, The GEO Group, Inc., f/k/a
Wackenhut Corrections Corporation and/or GEO
Care Inc., VICKY CANTER, individually and in
her capacity as a Licensed Registered Nurse for the
Moore Haven Correctional Facility, The GEO
Group, Inc., f/k/a Wackenhut Corrections
Corporation and/or GEO Care Inc., KATHLEEN
LIVERMORE, individually and in her capacity as a
Licensed Practical Nurse for the Moore Haven
Correctional Facility, The GEO Group, Inc., f/k/a
Wackenhut Corrections Corporation and/or GEO
Care, Inc., SANDRA DUNIVENT, individually and
in her capacity as a Licensed Practical Nurse for the
Moore Haven Correctional Facility, The GEO
Group, Inc., f/k/a Wackenhut Corrections
Corporation and/or GEO Care, Inc., SUSHMA
PAREKH, individually and in his capacity as a
Licensed Medical Doctor for the Moore Haven
Correctional Facility, The GEO Group, Inc., f/k/a
Wackenhut Corrections Corporation and/or GEO
Care Inc.,
Defendant(s).
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ORDER
This matter comes before the court for consideration upon the Report and Recommendation
filed by United States Magistrate Judge Sheri Polster Chappell on August 15, 2011 (Dkt. 12),
recommending that the Court transfer the present action to the United States District Court for the
Southern District of Florida. The Magistrate Judge also recommends that the Court deny Plaintiffs'

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Motion for Attorney's Fees (Dkt. 9).1

No party filed an objection to the Report and

Recommendation, and the time to do so has expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, the Court is of the opinion that the
Magistrate Judge’s Report and Recommendation should be adopted, confirmed, and approved in all
respects. The Court is satisfied that this case, which was originally filed in the Circuit Court of the
Fifteenth Judicial Circuit, located in the Southern District of Florida, and removed to the Middle
District of Florida should be transferred to the Southern District in the interests of justice. See 28
U.S.C. § 1406(a). Additionally, the Court is satisfied that this case does not present unusual
circumstances that would permit the award of attorney's fees pursuant to 28 U.S.C. § 1447(c). See
Hall v. W.S. Badcock Corp., No. 8:10-cv-2532-T-33EAJ, 2010 WL 5137832, at *1-2 (M.D. Fla.
Dec. 10, 2010)(citing Martin v. Franklin Capital Group, 546 U.S. 132, 136, 126 S. Ct. 704, 163 L.
Ed. 2d 547 (2005)).
Accordingly, it is hereby, ORDERED and ADJUDGED as follows:
1)

The Report and Recommendation of the Magistrate Judge (Dkt. 12) is ADOPTED,
CONFIRMED, and APPROVED in all respects and is made a part of this Order for
all purposes, including appellate review.

2)

This cause is hereby TRANSFERRED to the United States District Court for the
Southern District of Florida for all further proceedings.

3)

Plaintiffs' Motion for Remand, Request for Attorney's Fees (Dkt. 9) is DENIED.

1

Plaintiffs filed a Motion for Remand, Request for Attorney's Fees and Supporting
Memorandum of Law (Dkt. 9).
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4)

The Clerk of Court is hereby directed to terminate all pending motions, immediately
transfer this cause to the United States District Court for the Southern District of
Florida and CLOSE this case.

DONE AND ORDERED at Ft. Myers, Florida, on August 31, 2011.

COPIES TO:
COUNSEL OF RECORD

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