WAGNER
v.
FLORIDA HEALTH SCIENCES CENTER, INC.
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A data breach class action must be remanded to state court when plaintiffs lack Article III standing to bring the action in federal court.
[1] When a removed action lacks subject-matter jurisdiction due to plaintiffs' failure to establish Article III standing, the district court must remand the case to state court pursuant to 28 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“When 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.”
Court's statement of the mandatory remand requirement when Article III standing is absent.
Brianna Wagner sued Florida Health Sciences Center, Inc. on behalf of herself and a proposed nationwide class based on a May 2023 data breach, allegin…
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Brianna Wagner sues Florida Health Sciences Center, Inc. (Tampa General Hospital) on her own behalf and as proposed representative of a nationwide class. Compl. (Doc. 1-1). Based on a May 2023 data breach, Wagner alleges common law tort and contract claims as well as violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Compl. ¶¶ 80–144. Recently, I remanded two similar actions for lack of subject-matter jurisdiction. , No. 23-cv-1993 (Doc. 30) (M.D. Fla. July 9, 2024) (remanding for lack of minimal diversity); , 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 Mem7 Ass'n, Inc. v. City of Pensacola, 34 F Ath 988, 994 (11th Cir. 2022). In the light of DiPierro, Tampa General concedes that this action should be remanded. See Status Report (Doc. 28). On grounds similar to those discussed in DiPierro, I agree. 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 August 7, 2024.
athryn’ Kimball Mizelle United States District Judge