Opinion
3:24-cv-48-WWB-SJH
07-19-2024
U.S. BANK NATIONAL ASSOCIATION, Plaintiff, v. ADELA POWERS, FLORIDA HOUSING FINANCE CORPORATION, HUNTERS TRACE HOMEOWNERS, INC. and UNKNOWN PARTY #1 - #4, Defendants.
ORDER
WENDY W. BERGER, UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court on Plaintiff's Motion to Remand (Doc. 14). United States Magistrate Judge Joel B. Toomey issued a Report and Recommendation (Doc. 19), in which he recommends that the Motion be granted, and the case be remanded. Magistrate Judge Toomey further recommends that counsel for non-party Hunters Trace Homeowners Association 2, LLC, Eric A. Morgan, be ordered to show cause why sanctions should not be imposed.
After an independent de novo review of the record, and noting that no objections were timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Importantly, having reviewed attorney Morgan's history of questionable conduct in removing cases to this Court and being fully advised in the facts of this case, the Court agrees that an order to show cause is warranted.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 19) is ADOPTED and CONFIRMED and made a part of this Order.
2. Plaintiff's Motion to Remand (Doc. 14) is GRANTED and this case is REMANDED to the Circuit Court of the Fourth Judicial Circuit, in and for Clay County, Florida, Case Number 2023 CA 000934.
3. Attorney Eric A. Morgan is ordered to SHOW CAUSE on or before August 2, 2024, why sanctions should not be imposed pursuant to Federal Rule of Civil Procedure 11, 28 U.S.C. § 1297, and this Court's inherent authority for his improper removal and false statements. Failure to timely file a response that fully addresses the legal basis for his actions and statements will result in the imposition of sanctions without further notice.
4. The Court retains jurisdiction over the question of sanctions only. The Clerk is directed to close this case.
DONE AND ORDERED.