Opinion
CASE NO. 2:11-CV-361-FtM-36DNF.
August 31, 2011
ORDER
This matter comes before the court for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri Polster Chappell on August 15, 2011 (Dkt. 12), recommending that the Court transfer the present action to the United States District Court for the Southern District of Florida. The Magistrate Judge also recommends that the Court deny Plaintiffs' Motion for Attorney's Fees (Dkt. 9). No party filed an objection to the Report and Recommendation, and the time to do so has expired.
Plaintiffs filed a Motion for Remand, Request for Attorney's Fees and Supporting Memorandum of Law (Dkt. 9).
After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. The Court is satisfied that this case, which was originally filed in the Circuit Court of the Fifteenth Judicial Circuit, located in the Southern District of Florida, and removed to the Middle District of Florida should be transferred to the Southern District in the interests of justice. See 28 U.S.C. § 1406(a). Additionally, the Court is satisfied that this case does not present unusual circumstances that would permit the award of attorney's fees pursuant to 28 U.S.C. § 1447(c). See Hall v. W.S. Badcock Corp., No. 8:10-cv-2532-T-33EAJ, 2010 WL 5137832, at *1-2 (M.D. Fla. Dec. 10, 2010) (citing Martin v. Franklin Capital Group, 546 U.S. 132, 136, 126 S. Ct. 704, 163 L. Ed. 2d 547 (2005)).
Accordingly, it is hereby, ORDERED and ADJUDGED as follows:
1) The Report and Recommendation of the Magistrate Judge (Dkt. 12) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2) This cause is hereby TRANSFERRED to the United States District Court for the Southern District of Florida for all further proceedings.
3) Plaintiffs' Motion for Remand, Request for Attorney's Fees (Dkt. 9) is DENIED.
4) The Clerk of Court is hereby directed to terminate all pending motions, immediately transfer this cause to the United States District Court for the Southern District of Florida and CLOSE this case.DONE AND ORDERED at Ft. Myers, Florida.