Farris v. United Hoist Equipment, Inc.

Full title: TY FARRIS, et al., Plaintiffs, v. UNITED HOIST EQUIPMENT, INC., Defendant

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Dec 23, 2008

CASE NO: 8:07-cv-2156-T-23EAJ (M.D. Fla. Dec. 23, 2008)

Opinion

CASE NO: 8:07-cv-2156-T-23EAJ.

December 23, 2008

ORDER

STEVEN MERRYDAY, District Judge

Following the pro se plaintiff's failure to appear at the pretrial conference on December 2, 2008, the United States Magistrate Judge, sua sponte, issued a report (Doc. 33) recommending dismissal of the plaintiff's complaint for protracted failure to prosecute the case. No party objects to the report, and the time for filing objections has expired.

Accordingly, the Magistrate Judge's report and recommendation (Doc. 33) is ADOPTED, and the complaint (Doc. 1) is DISMISSED. Dismissal of the complaint, the sole basis for federal jurisdiction over this lawsuit, eliminates subject matter jurisdiction over the defendant's state law counterclaim. See 28 U.S.C. § 1367(c)(3). Accordingly, the defendant's counterclaim (Doc. 6) is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk is directed to terminate any pending motion, and close the case.

ORDERED in Tampa, Florida.