McGarrity v. Florida Health Sciences Center, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

IN RE MARGARET MCGARRITY, personal representative of the estate of Ann M. McGarrity,

Plaintiff,

v. Case No. 8:23-cv-776-WFJ-JSS

FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL; ABIGAIL JACKSON, R.N.; ASHLEY BOYT, R.N.; NICOLA CRAIG, R.N.; FLORIDA GULF-TO-BAY ANESTHESIOLOGY ASSOCIATES, L.L.C.; LACINDA MICHELLE DENIS, P.A.; BRIAN BOLT, A.R.N.P.; PREMIER HOSPITALISTS, PL; YASMIN KHALDOUN MAHMOUD, M.D.; DOUGLAS SCHWARTZ, D.O.; and MICHAEL FRANKS, A.R.N.P.,

Defendants. _________________________________/

ORDER Before the Court is Plaintiff Margaret McGarrity’s Second Motion to Remand to State Court (Dkt. 34). Defendants have filed notice of non-objection (Dkts. 36, 42, 45, 46). Upon careful consideration, the Court grants Plaintiff’s Motion and remands this action back to the Circuit Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. BACKGROUND On February 24, 2018, Ann M. McGarrity died after receiving medical

treatment from Defendants. See generally Dkt. 39. Plaintiff subsequently initiated a survival action against Defendants in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. Dkt. 6-3 at 2–68. On March 2, 2023,

Plaintiff filed a Second Amended Complaint that included three federal law claims against Defendant Florida Health Sciences Center, Inc. (the “Hospital”). Dkt. 6-1 at 33–40. On April 10, 2023, Defendants removed the instant action to this Court. Dkts.

1 & 6. Plaintiff filed her First Motion to Remand approximately two weeks later— arguing that Defendants’ removal was untimely and that no federal question jurisdiction existed. Dkt. 15. On May 23, 2023, the Court denied Plaintiff’s First

Motion to Remand, finding that Defendants’ removal was indeed timely, and that Plaintiff had not yet abandoned her federal law claims. Dkt. 24. On August 9, 2023, Plaintiff filed a Third Amended Complaint dropping all federal counts against the Hospital. Dkt. 39. Plaintiff now moves to remand back to

state court for the second time. Dkt. 34. Defendants offer no opposition. DISCUSSION As the Court noted in its previous remand order, a district court may decline

to continue exercising its supplemental jurisdiction over state law claims when all federal claims have been dismissed or abandoned. See 28 U.S.C. § 1367(c); Pintando v. Miami-Dade Hous. Agency, 501 F.3d 1241, 1242 (11th Cir. 2007); Behlen v.

Merrill Lynch, 311 F.3d 1087, 1095 (11th Cir. 2002). District courts, moreover, are encouraged to refrain from exercising said jurisdiction where all federal claims have been eliminated prior to trial. See Raney v. Allstate Ins. Co., 370 F.3d 1086, 1089

(11th Cir. 2004). Here, all of Plaintiff’s federal law claims have been eliminated prior to the summary judgment stage. Defendants do not oppose remand. The Court therefore declines to exercise its supplemental jurisdiction over Plaintiff’s remaining state law claims. The instant action is remanded to state court.

CONCLUSION Accordingly, it is hereby ORDERED and ADJUDGED: (1) Plaintiff’s Second Motion to Remand (Dkt. 34) is GRANTED.

(2) This action is REMANDED to the Circuit Court for the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. (3) The Clerk is directed to effectuate remand and close this case. DONE AND ORDERED at Tampa, Florida, on August 16, 2023.

/s/ William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record