Opinion
No 8:23-cv-01890-KKM-TGW
06-27-2024
DAVID RAMIREZ, 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 later than July 10, 2024, and in a brief t exceeding twelve (12) pages inclusive of all parts why the Court should t sua sponte remand this to state court for lack of jurisdiction in the light of the entered in DiPierro v. Florida Health Sciences Center, 8:23-cv-1864, (Doc. 39), 2024 WL 3051320 (M.D. Fla. June 18, 2024) (Mizelle, J.). As an initial matter, Plaintiff should address how the Eleventh Circuit evaluates standing allegations in data breach s 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).
Additionally, Plaintiff should address whether any alleged misuse is plausibly traceable to the specific information allegedly compromised in the data breach. Lastly, Plaintiff should brief whether any alleged misuse is plausibly traceable to the specific data breach at issue.
If desired, Defendant may file a response brief not to exceed twelve (12) pages by July 17, 2024.