Jones v. University of Florida (UF) Department of Community Health and Family Medicine, College of Medicine

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

SHIRLEY E. JONES, M.D.,

Plaintiff, v. Case No. 3:20-cv-737-J-32JBT

UNIVERSITY OF FLORIDA (UF) DEPARTMENT OF COMMUNITY HEALTH AND FAMILY MEDICINE, COLLEGE OF MEDICINE, et al.,

Defendants.

ORDER Barring certain exceptions, a defendant has a statutory right to timely remove any case over which the federal court can exercise original subject matter jurisdiction, regardless of whether the state court can too. See 28 U.S.C. § 1441(a). Here, the federal court can exercise original subject matter jurisdiction over plaintiff’s claims arising under 42 U.S.C. § 1981 and the Family and Medical Leave Act of 1993, rendering the entire case removable. See 28 U.S.C. § 1367(a); see also In re City of Mobile, 75 F.3d 605, 607-08 (11th Cir. 1996) (holding district court erred in remanding to state court case that included properly removed federal claim). Accordingly, it is hereby ORDERED: 1. Plaintiffs motion to remand (Doc. 7), to which defendants responded in opposition (Doc. 8), is denied. 2. Plaintiff's response to defendants’ motion to dismiss and to quash for improper and insufficient service of process (Doc. 6) is overdue and must be filed no later than August 24, 2020. DONE AND ORDERED in Jacksonville, Florida this 10th day of August, 2020.

TIMOTHY J. CORRIGAN United States District Judge

s. Copies: Counsel of record