Filed: Nov. 01, 2017
Latest Update: Nov. 01, 2017
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Defendant Sheriff Mark Hunter's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("Hunter Motion") (Doc. 17), Defendant Deputy Sheriff Juan Cruz's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("Cruz Motion") (Doc. 18), and Plaintiff Mindi Swartzel's responses thereto (Docs. 25 & 26). On October 17, 2017, the assigned United States Magistrate Judge issued
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case is before the Court on Defendant Sheriff Mark Hunter's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("Hunter Motion") (Doc. 17), Defendant Deputy Sheriff Juan Cruz's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("Cruz Motion") (Doc. 18), and Plaintiff Mindi Swartzel's responses thereto (Docs. 25 & 26). On October 17, 2017, the assigned United States Magistrate Judge issued ..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case is before the Court on Defendant Sheriff Mark Hunter's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("Hunter Motion") (Doc. 17), Defendant Deputy Sheriff Juan Cruz's Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("Cruz Motion") (Doc. 18), and Plaintiff Mindi Swartzel's responses thereto (Docs. 25 & 26). On October 17, 2017, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 28) recommending that the Cruz Motion be granted, Count I of the Amended Complaint (Doc. 16) be dismissed without prejudice, Count II of the Amended Complaint be dismissed with prejudice, and the Hunter Motion be denied as moot. On October 30, 2017, Plaintiff filed an Objection to the Recommended Order (Doc. 29) on the ground that Count I of the Amended Complaint should be remanded to state court as opposed to being dismissed. On October 31, 2017, the parties filed a Joint Motion for Relief from Case Management and Scheduling Order and Referral to Mediation (Doc. 30), in which Defendants stated they will not be filing any objections, and do not oppose Plaintiff's request to have Count I remanded to state court. Upon de novo review of the file and for the reasons stated in the Report and Recommendation (Doc. 28), it is hereby
ORDERED:
1. The Report and Recommendation of the Magistrate Judge (Doc. 28) is ADOPTED in part as the opinion of the Court. Except as to its recommended disposition of Count I of the Amended Complaint, which is described below, the Court adopts the Report and Recommendation in full.
2. The Cruz Motion (Doc. 18) is GRANTED. Accordingly, Count II of the Amended Complaint (Doc. 16) is DISMISSED with prejudice. Defendant Deputy Sheriff Juan Cruz should be terminated as a defendant in the case.
3. Count I of the Amended Complaint (Doc. 16) is REMANDED to the Circuit Court of the Third Judicial Circuit, in and for Columbia County, Florida, and the Hunter Motion (Doc. 17) is carried with the case.
4. After remand has been effected, the Clerk shall terminate all pending motions and deadlines and close the file.
