Opinion
8:23-cv-01957-KKM-JSS
08-07-2024
BRIANNA WAGNER, on behalf of herself and all others similarly situated, Plaintiff, v. FLORIDA HEALTH SCIENCES CENTER, INC., Defendant.
ORDER
Kathryn Kimball Mizelle United States District Judge
Brianna Wagner sues Florida Health Sciences Center, Inc. (Tampa General Hospital) on her own behalf and as proposed representative of a nationwide class. See Compl. (Doc. 1-1). Based on a May 2023 data breach, Wagner alleges common law tort and contract claims as well as violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Compl. ¶¶ 80-144. Recently, I remanded two similar actions for lack of subject-matter jurisdiction. See Morgan v. Florida Health Sciences Center, No. 23-cv-1993 (Doc. 30) (M.D. Fla. July 9, 2024) (remanding for lack of minimal diversity); DiPierro v. Florida Health Sciences Center, No. 23-cv-1864, 2024 WL 3051320 (M.D. Fla. June 18, 2024) (remanding for lack of Article III standing).
Section 1447(c) of Title 28 provides that, in an action removed to federal court, “[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” Thus, “[w]hen a case is removed from state to federal court and the plaintiffs do not have Article III standing in federal court, the district court's only option is to remand back to state court.” See Ladies Mem'lAss'n, Inc. v. City of Pensacola, 34 F.4th 988, 994 (11th Cir. 2022).
In the light of DiPierro, Tampa General concedes that this action should be remanded. S ee Status Report (Doc. 28). On grounds similar to those discussed inD iPierro, I agree.
Accordingly, the following is ORDERED:
1. The Clerk is directed to REMAND this action to the Circuit Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, and to transmit a certified copy of this order to the clerk of that court.
2. The Clerk is further directed to TERMINATE any pending motions and deadlines, and to CLOSE this case.
ORDERED.