Audio Systems of Florida v. Simplexgrinnell LP

Full title: AUDIO SYSTEMS OF FLORIDA, INC., Plaintiff, -vs- SIMPLEXGRINNELL LP and DAN…

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

Date published: Oct 10, 2003

Case No. 6:03-cv-404-Orl-22DAB (M.D. Fla. Oct. 10, 2003)

Opinion

Case No. 6:03-cv-404-Orl-22DAB

October 10, 2003

Brent C. Bell, Esq., Shutts Bowen LLP, Orlando, FL

Jonathan Cohen, Esq., Shutts Bowen, LLP, Miami, FL

Brian R. Gilchrist, Esq., Alien, Dyer, Doppelt, Milbrath Gilchrist, P. A., Orlando, FL

ORDER

ANNE CONWAY, District Judge

Upon the Court's review of this case, it is ORDERED as follows:

1. Magistrate Judge David A. Baker's September 11, 2003 Report and Recommendation (Doc. 23) is APPROVED AND ADOPTED.

2. Defendant SimplexGrinnell, L.P.'s Objections to Magistrate Judge's Report and Recommendation (Doc. 24), filed September 22, 2003, are OVERRULED.

3. Count I of the Complaint is DISMISSED, WITH PREJUDICE to bringing an identical claim based on the present facts.

4. Count I of the Counterclaim is DISMISSED for failure to state a claim upon which relief may be granted.

5. Pursuant to 28 U.S.C. § 1367(c), this Court declines to exercise supplemental jurisdiction over the parties' remaining claims and counterclaims, which are all founded on state law.

6. This case is REMANDED to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (Case No. 03-CA-2502, Division 40).

7. The Clerk shall close this case.

DONE and ORDERED