Opinion
Case No. 6:07-cv-1113-Orl-31DAB.
August 13, 2007
ORDER
On August 1, 2007, Magistrate Judge Baker entered a Report and Recommendation (Doc. 16), recommending that Plaintiff's Motion to Remand (Doc. 7) be GRANTED. Defendant filed timely objections to the Report (Doc. 17). Defendant argues that Judge Baker's recommendation is incorrect because this case is controlled by Global Satellite Communication Co. V. Starmill U.K. Ltd., 378 F.3d 1269 (11th Cir. 2004). However, the contractual provision at issue in Global Satellite contained substantially different language from the clause at issue here. The clause in Global Satellite specifically prohibited venue and in personam jurisdiction objections, and made no mention of transfer. Id. at 1271. Here, the plain language of the clause specifically prohibits transfer. Upon de novo review of the above, this Court concurs with the recommendation of the Magistrate Judge. It is, therefore
ORDERED that:
1. The Report and Recommendation of the Magistrate Judge is Adopted and Confirmed;
2. The Plaintiff's Motion to Remand (Doc. 7) is GRANTED.
3. This Case is REMANDED to the Orange County Circuit Court from which it was removed and the Clerk is directed to close the file.
DONE and ORDERED.