Opinion
Case No.: 2:17-cv-346-FtM-38CM
04-25-2019
MICHAEL PAPPALARDO, an individual Plaintiff, v. SAMANTHA STEVINS, Defendant.
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Before the Court is the Mandate from the United States Court of Appeals for the Federal Circuit (Doc. 28), which issued on September 17, 2018. On August 10, 2018, the Federal Circuit released its opinion affirming and vacating in part this Court's dismissal without prejudice. Pappalardo v. Stevins, 746 F. App'x 971, 976 (Fed. Cir. 2018). Specifically, the Federal Circuit vacated and instructed this Court to dismiss Count III with prejudice. Id. at 973-74. Regarding Counts I and II, the Federal Circuit affirmed this Court's decision to decline the exercise of supplemental jurisdiction and dismiss those state law claims. Id. at 975. In strict accordance with the Federal Circuit's instructions, the Court now enters an order dismissing Count III with prejudice. See, e.g., Piambino v. Bailey, 757 F.2d 1112, 1119 (11th Cir. 1985) ("A trial count, upon receiving the mandate of an appellate court, may not alter, amend, or examine the mandate, or give any further relief or review, but must enter an order in strict compliance with the mandate.").
Count III is incorrectly labeled "Count II" in the Amended Complaint. (Doc. 11 at 7). --------
Accordingly, it is now ORDERED:
1. Count III is DISMISSED with prejudice.
2. The Court declines to exercise supplemental jurisdiction over Counts I and II. Those claims are DISMISSED.
3. The Clerk is DIRECTED to enter an amended judgment accordingly, terminate any pending motion and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 25th day of April, 2019.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record