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Case 6:13-cv-00830-ACC-DAB Document 28 Filed 07/31/13 Page 1 of 2 PageID 298

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION



Case No: 6:13-cv-830-Orl-22DAB

Plaintiff,

HAMPTONS AT METROWEST
CONDOMINIUM ASSOCIATION, INC.,



v.

NATIONWIDE PROPERTY AND CASUALTY
INSURANCE COMPANY, NATIONWIDE
MUTUAL INSURANCE COMPANY,






Defendants.



ORDER

This cause is before the Court on Order to Show Cause why this action should not be

remanded for lack of jurisdiction (Doc. No. 14) entered on June 7, 2013.

The United States Magistrate Judge has submitted a report recommending that this case

should be remanded back to the state court.

After an independent de novo review of the record in this matter, including the objections

filed by the Nationwide Property and Casualty Insurance Company and Nationwide Mutual

Insurance Company, the Court agrees entirely with the findings of fact and conclusions of law in

the Report and Recommendation.

The Court finds that this action has the same issues previously addressed by Judge

Gregory Presnell and Magistrate Judge David Baker in Case No. 6:13-cv-608-Orl-31DAB. Any

dissimilar issues raised by Defendants are not dispositive. In particular, Defendants’ argument

that the breach of contract claim and bad faith claim included in Plaintiff’s reply create a basis

for this Court’s jurisdiction is without merit. The Court agrees with the well-reasoned and

thorough analysis of Magistrate Judge Baker when he addressed this argument. Moreover,

Case 6:13-cv-00830-ACC-DAB Document 28 Filed 07/31/13 Page 2 of 2 PageID 299

Defendants have not offered a sufficient legal argument to counter Magistrate Judge Baker’s

analysis.

Therefore, it is ORDERED as follows:

1.

Defendants Nationwide Property and Casualty Insurance Company and

Nationwide Mutual Insurance Company’s Written Objections to the Report and

Recommendations (Doc. No. 26), are OVERRULED.

2.

The Report and Recommendation filed June 26, 2013 (Doc. No. 25), is

ADOPTED and CONFIRMED and made a part of this Order.

3. This case is REMANDED to Florida’s Ninth Judicial Circuit in and for Orange

County, Florida (Hamptons at Metrowest Condominium Association, Inc.,

Plaintiff v. Park Avenue at Metrowest, Ltd. et al., Defendants, Case No. 48-2008-

CA-008235-O, Business Litigation Division).

4. The Joint Motion to Extend the Deadline to File the Case Management Report

(Doc. No. 27), filed on July 29, 2013, is DENIED as moot.

5. The Clerk shall CLOSE this case.

DONE and ORDERED in Orlando, Florida on July 30, 2013.

Copies furnished to:
Counsel of Record
Unrepresented Parties
Clerk of Court for Florida’s Ninth Judicial Circuit in and for Orange County, Florida

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