CARRASQUILLO
v.
WALMART INC.

M.D. Fla. | 2023-04-12
No. 5:18-cv-46
District Court, M.D. Florida (2023) Positive Treatment

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The Court grants Plaintiff's unopposed motion to remand because the amended complaint no longer presents a basis for federal question or diversity jurisdiction.


Facts & Procedural History

Plaintiff initially filed a complaint in state court, which was removed to federal court. Plaintiff then filed an amended complaint asserting only sta…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

This matter comes before the Court on Plaintiff Valerie Carrasquillo’s Unopposed Motion to Remand for lack of subject matter jurisdiction. Dkt. 14. Although the Motion is unopposed, the Court may not remand a properly removed action without first engaging in an independent review.1 Upon careful

consideration, the Court grants the Motion. On January 12, 2022, Plaintiff initiated this action in the Circuit Court of the Twelfth Judicial Circuit, in and for Manatee County, Florida. Dkt. 1-1. Plaintiff’s

initial complaint against Defendant Walmart, Inc., raised claims of, inter alia, discrimination under Title VII of the Civil Rights Act of 1964. Id. Walmart

Plaintiff’s original complaint. Dkt. 9. In response, Plaintiff filed her Amended Complaint on April 6, 2023. Dkt. 12. Plaintiff’s Amended Complaint brings only two claims: Negligent Training,

Retention, and Supervision against Walmart (Count I) and Civil Assault and Battery against Liz Cortes, a new individual defendant (Count II). Id. Because the Amended Complaint only asserts state law claims and adds a new claim against Cortes, a Florida resident, there no longer exists a basis for federal question

jurisdiction and diversity jurisdiction. Accordingly, the Court does not have subject matter jurisdiction and must remand this action. Based on the foregoing, it is hereby ORDERED AND ADJUDGED:

1. Plaintiff’s Unopposed Motion to Remand (Dkt. 14) is GRANTED. 2. The Clerk is directed to REMAND this case to the Circuit Court of the Twelfth Judicial Circuit, in and for Manatee County, Florida, and mail a certified copy of this Order to the Clerk of the Twelfth Judicial Circuit.

3. The Clerk shall thereafter close this case.

DONE AND ORDERED at Tampa, Florida, on April 12, 2023. /s/ William F. Jung

WILLIAM F. JUNG

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record Twelfth Judicial Circuit, in and for Manatee County, Florida

Footnotes
1 See Elliot v. Bonefish Grill, LLC, No. 5:18-cv-46 (CAR), 2018 WL 1083472, at *1 (M.D. Ga. Feb. 28, 2018) (citations omitted). thereafter timely removed the action to this Court under both federal question jurisdiction and diversity jurisdiction. Dkt. 1. Walmart then moved to dismiss

Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw