Opinion
1:21cv85-MW/GRJ
04-18-2022
JESSIE MAE SAWYER, Plaintiff, v. CAMPUS USA CREDIT UNION, Defendant.
ORDER ACCEPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION
Mark E. Walker, Chief United States District Judge
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 53. Upon consideration, no objections having been filed by the parties, IT IS ORDERED:
The report and recommendation, ECF No. 53, is accepted in part and rejected in part and adopted in part as this Court's opinion. I depart from the Magistrate Judge's recommendation only with respect to whether this Court should dismiss or remand Plaintiff's claims. Specifically, because this case originated in state court prior to its removal to federal court, this Court has discretion to continue exercising supplemental jurisdiction over Plaintiff's remaining state-law claims, see 28 U.S.C. § 1367(c), or to remand the case to state court. This Court declines to exercise jurisdiction given the stage of the pleadings, and the interests of comity, judicial economy, convenience, and fairness. Accordingly, the Clerk shall enter judgment stating, “Plaintiff's claims are REMANDED to the Circuit Court for the Eighth Judicial Circuit in and for Alachua County, Florida.” The motion to dismiss Plaintiff's second amended complaint, ECF No. 44, is DENIED as moot. The Clerk shall take all steps necessary to effect the remand and close the file.
SO ORDERED.