ROBBINS
v.
FLORIDA HEALTH SCIENCES CENTER INC.

M.D. Fla. | 2024-09-06
No. 23-cv-1993
2024 FFL 21610 District Court, M.D. Florida (2024) Positive Treatment
Cited by 7 cases

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Holding

The court held that the case must be remanded to state court due to lack of subject matter jurisdiction, specifically Article III standing and minimal diversity.

Facts & Procedural History

Plaintiff sued Florida Health Sciences Center, Inc. (Tampa General Hospital) on behalf of himself and a class of citizens following a data breach. The…

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Topics
Common Law Tort Claims Minimal Diversity FDUTPA Contract Claims

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Opinion of the Court

Randy Robbins sues Florida Health Sciences Center, Inc. (Tampa General Hospital) on his own behalf and as the proposed representative of a class of Florida citizens. See Compl. (Doc. 1-1). Based on a May 2023 data breach, Robbins alleges common law tort and contract claims as well as violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Compl. ¶¶ 121–203. Recently, I remanded two similar actions for lack of subject-matter jurisdiction. See Morgan v. Florida Health Sciences Center, No. 23-cv-1993 (Doc. 30) (M.D. Fla. July 9, 2024) (remanding for lack of minimal diversity); DiPierro v. Florida Health Sciences Center, No. 23-cv-1864, 2024 WL 3051320 (M.D. Fla. June 18, 2024) (remanding for lack of Article III standing).

Section 1447(c) of Title 28 provides that, in an action removed to federal court, "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." Thus, "[w]hen a case is removed from state to federal court and the plaintiffs do not have Article III standing in federal court, the district court's only option is to remand back to state court." See Ladies Mem'l Ass'n, Inc. v. City of Pensacola, 34 F. 4th 988, 994 (11th Cir. 2022).

In the light of DiPierro, Tampa General concedes that this action should be remanded. (Doc. 27). I agree, both on standing grounds (similar to DiPierro) and because Defendant has not established minimal diversity (as in Morgan).

Accordingly, the following is ORDERED:

1. The Clerk is directed to REMAND this action to the Circuit Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, and to transmit a certified copy of this order to the clerk of that court.

2. The Clerk is further directed to TERMINATE any pending motions and deadlines, and to CLOSE this case.

ORDERED in Tampa, Florida, on September 6, 2024.

Kathryn Kimball Mizelle United States District Judge

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Citator

Cited By

  • Robbins v. Fla. Health Scis. Ctr. Inc. (M.D. Fla. 2024)
    …r actions for lack of subject-matter jurisdiction. See Morgan v. Florida Health Sciences Center, No. 23-cv-1993 (Doc. 30) (M.D. Fla. July 9, 2024) (remanding for lack of minimal diversity); DiPierro v. Florida Health Sciences Center, No. 23-cv-1864, 2024 WL 3051320 (M.D. Fla. June 18, 2024) (remanding for lack of Article III standing). ---PAGE 2--- Section 1447(c) of Title 28 provides that, in an action removed to federal court, "[i]f at any time before final judgment it appears that the district court lacks…
  • Bradds v. Fla. Health Scis. Ctr., Inc. (M.D. Fla. 2024)
  • Goebel v. Big Bros. Big Sisters of Am. Corp. (M.D. Fla. 2024)
    …ed to establish—no later than July 10, 2024, and in a brief not exceeding eight (8) pages inclusive of all parts—why the Court should not dismiss this case for lack of jurisdiction in the light of the order entered in , No. 8:23-cv-1864, (Doc. 39), 2024 WL 3051320 (M.D. Fla. June 18, 2024) (Mizelle, J.). In particular, Plaintiff should address whether any alleged misuse is plausibly traceable to the specific information allegedly compromised in the data breach. Plaintiff should also address whether any allege…

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