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Losacano v. Anthony 57, Inc., 2:17-cv-84-FtM-38CM. (2018)

Court: District Court, M.D. Florida Number: infdco20180313820 Visitors: 12
Filed: Mar. 09, 2018
Latest Update: Mar. 09, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Defendant Sabal Springs Homeowners' Association, Inc.'s Unopposed Motion to Retain Supplemental Jurisdiction (Doc. 76). This matter is ripe for review. This is a collective action under the Fair Labor Standards Act ("FLSA") and Florida Constitution. (Doc. 11). Plaintiffs sued Defendants Anthony 57, Inc., Anthony Serrago, and Sabal for unpaid minimum and overtime wages. (Doc. 11). Sabal answered Plaint
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ORDER1

This matter comes before the Court on Defendant Sabal Springs Homeowners' Association, Inc.'s Unopposed Motion to Retain Supplemental Jurisdiction (Doc. 76). This matter is ripe for review.

This is a collective action under the Fair Labor Standards Act ("FLSA") and Florida Constitution. (Doc. 11). Plaintiffs sued Defendants Anthony 57, Inc., Anthony Serrago, and Sabal for unpaid minimum and overtime wages. (Doc. 11). Sabal answered Plaintiffs' Complaint, but Anthony 57 and Anthony Serrago did not. (Doc. 29). Sabal then filed a Crossclaim against Anthony 57 and Anthony Serrago for breach of contract, indemnification, and contribution. (Doc. 49).

Thereafter, Sabal and Plaintiffs settled the case at mediation. (Docs. 71; 72). They then moved for approval of their settlement agreement and requested that the Court dismiss Plaintiffs' claims with prejudice. (Doc. 75). The Court granted the motion and dismissed Plaintiffs' claims. At the same time, Sabal requested this Court retain jurisdiction over the state law claims in its Crossclaim. (Doc. 76).

Here, the only remaining claims after Plaintiffs' federal claims were dismissed are state law claims. And "[a] district court's decision whether to exercise . . . jurisdiction after dismissing every claim over which it had original jurisdiction is purely discretionary." Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009); see also 28 U.S.C. § 1367(c)(3). After review, the Court declines to exercise supplemental jurisdiction. Therefore, it will dismiss Sabal's Crossclaim without prejudice.

Accordingly, it is now ORDERED:

(1) Defendant Sabal Springs Homeowners' Association, Inc.'s Unopposed Motion to Retain Supplemental Jurisdiction (Doc. 76) is DENIED. (2) Defendant Sabal Springs Homeowners' Association, Inc.'s Verified Crossclaim (Doc. 49) is DISMISSED without prejudice. (3) The Clerk of Court is directed to terminate any pending motions and deadlines and CLOSE this case.

DONE and ORDERED.

FootNotes


1. Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users' convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.
Source:  Leagle

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