Opinion
CASE NO. 8:08-CV-2277-T-17TBM.
January 14, 2010
ORDER
This cause is before the Court on:
Dkt. 11 Report and Recommendation
Dkt. 13 Objection
In the Report and Recommendation, the assigned United States Magistrate Judge recommends that this case be transferred to the appropriate federal district court within the State of Texas, pursuant to Supplemental Rule F.
Petitioner Tampa Bay Marine Towing Service, Inc. d/b/a Sea Tow Tampa Bay, as owner of the 21' Triumph "M/V Integrity" filed its Objection to the Report and Recommendation. Petitioner argues that Petitioner is a Florida corporation which does business only in the State of Florida, and which operates as a franchisee of Sea Two Services International in the Tampa Bay area.
Once the Court was notified of the jurisdictional dispute in the Texas action, the Court elected to wait for a final resolution of that dispute before proceeding in this case. The Court notes that Court of Appeals of the Fifth District of Texas entered its Memorandum Opinion and Judgment on November 20, 2009, in which the Court of Appeals dismissed claims against Tampa Bay Marine Towing Service, Inc. d/b/a Sea Tow Tampa Bay for lack of jurisdiction. Therefore, there is no pending suit in Texas. The Court has been notified that the case has been refiled in Hillsborough County Circuit Court, Case No. 10-00294, Div. F, Christopher Moyer v. Tampa Bay Marine Towing Service, Inc., etc., et al. (Dkt. 18).
Based on the ruling in the related Texas proceedings, the Court rejects the Report and Recommendation and sustains Petitioner's Objection. Pursuant to Supplemental Rule F(9), the Court finds that venue is proper in the Middle District of Florida. Accordingly, it is
ORDERED that the Report and Recommendation is rejected, and Petitioner's Objection is sustained. The Court finds that venue is proper in the Middle District of Florida as the owner has been sued in this district. This matter is referred to the assigned Magistrate Judge for approval of the Ad Interim Stipulation, establishment of the means of notice to potential claimants, and a deadline for the filing of claims. DONE and ORDERED in Chambers, in Tampa, Florida.