Opinion
2:24-cv-788-SPC-NPM
09-03-2024
CORNELIUS RENARD MCCLOUD, Plaintiff, v. LARKIN HOSPITAL-BARBARA TORREAS, LARKIN HOSPITAL and BARBARA TORREAS, Defendants.
OPINION AND ORDER
SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff Cornelius Renard McCloud's Complaint (Doc. 1). McCloud sues the defendants over medical care he received at a Miami hospital. The Court would normally transfer this case to the Southern District of Florida, where the cause of action arose and the defendants reside. See 28 U.S.C. § 1391(b); 28 U.S.C. § 1406(a). But that is not in the interest of justice because McCloud is already litigating his claims in that court in McCloud v. Larkin Hospital, No. 1:24-cv-22766-CMA (S.D. Fla.).
The Eleventh Circuit explained how federal courts treat duplicative civil actions:
It is well established that as between federal courts, the general principle is to avoid duplicative litigation. This doctrine rests on considerations of wise judicial administration, giving regard to
conservation of judicial resources and comprehensive disposition of litigation. Although no precise test has been articulated for making this determination, the general rule is that a suit is duplicative of another suit if the parties, issues and available relief do not significantly differ between the two actions. Trial courts are afforded broad discretion in determining whether to stay or dismiss litigation in order to avoid duplicating a proceeding already pending in another federal court.I.A. Durbin, Inc. v. Jefferson Nat. Bank, 793 F.2d 1541, 1552 (11th Cir. 1986) (cleaned up). This action is nearly identical to McCloud's pending case. Thus, the Court dismisses this action as duplicative. This dismissal has no impact on Southern District of Florida Case No. 1:24-cv-22766-CMA.
Accordingly, it is now
ORDERED:
Plaintiff Cornelius Renard McCloud's Complaint (Doc. 1) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case.
DONE AND ORDERED