Opinion
8:23-cv-02151-KKM-UAM
06-27-2024
JANE DOE, individually and on behalf of all others similarly situated, Plaintiff, v. FLORIDA HEALTH SCIENCES CENTER, INC., Defendant.
ORDER
KATHRYN KIMBALL MIZELLE, UNITED STATES DISTRICT JUDGE.
Plaintiff is directed 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 sua sponte remand this case to state court for lack of jurisdiction in the light of the order entered in DiPierro v. Florida Health Sciences Center, No. 8:23-cv-1864, (Doc. 39), 2024 WL 3051320 (M.D. Fla. June 18, 2024) (Mizelle, J.). Specifically, Plaintiff should address how the Eleventh Circuit evaluates standing allegations in data breach cases that press state statutory claims and whether misuse of the data must be alleged to establish an injury-in-fact. See Green-Cooper v. Brinker In' Inc., 73 F.4th 883, 889-90, 890 n.9 (11th Cir. 2023), cert. denied sub nom. Brinker Int'l, Inc. v. Steinmetz, 144 S.Ct. 1457 (2024). If desired, Defendant may file a response brief not to exceed eight (8) pages by July 17, 2024.
ORDERED.