Summary
finding that an employer's counterclaim for repayment of a loan was not sufficiently related to the plaintiff's Fair Labor Standards Act claim against her employer
Summary of this case from TRAFFIC JAM EVENTS, LLC v. ANGEL CORTESOpinion
Case No. 6:08-cv-651-Orl-22KRS.
October 14, 2008
ORDER
This cause is before the Court on Plaintiff's Suggestion Pursuant to Rule 12(H)(3), Federal Rules of Civil Procedure, that the Court Lacks Subject Matter Jurisdiction (Doc. No. 26) filed on August 14, 2008.
The United States Magistrate Judge has submitted a report recommending that the Motion be granted.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendations.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed September 23, 2008 (Doc. No. 31) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Suggestion Pursuant to Rule 12(H)(3), Federal Rules of Civil Procedure, that the Court Lacks Subject Matter Jurisdiction (Doc. No. 26) is GRANTED in part.
3. The Counterclaim is hereby DISMISSED WITHOUT PREJUDICE, and with leave to refile in state court. Pursuant to 28 U.S.C. § 1367(d), the limitations period for the claims asserted is tolled for a period of 30 days after the date of this Order.
DONE and ORDERED.