Summary
The United States District Court for the Middle District of Florida dismissed without prejudice Counts I, II, and V of Cardinal Richardson’s amended complaint, which asserted Federal Tort Claims Act claims against the United States, because the plaintiff had not exhausted administrative remedies. The court terminated the United States, denied the parties’ motions to dismiss as moot, granted the unopposed motion to remand the remaining claims, and remanded the case to Florida state court. The order was entered on December 1, 2025.
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Practice areas
Questions Presented
- Whether Counts I, II, and V should be dismissed without prejudice because Plaintiff had not exhausted the FTCA's administrative-remedy requirement.
- Whether the remaining claims should be remanded to the Florida state court after the United States was dismissed from the action.
- Whether the court should determine the timeliness of any administrative claim filed with the Bureau of Indian Affairs after dismissal.
Holdings
- The FTCA claims against the United States were dismissed without prejudice because Plaintiff admitted that he had not exhausted the administrative remedies required by 28 U.S.C. § 2675(a).
- The court granted Plaintiff's unopposed motion to remand the remaining claims to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida.
- The court declined to determine whether an administrative claim filed with the Bureau of Indian Affairs within sixty days after dismissal would be timely.
Key quotations
“This case is REMANDED to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida.” (Conclusion)
Factual background
Plaintiff brought tort claims in Florida state court against the Seminole Tribe of Florida, related entities, Alliant Specialty Insurance Services, Inc., and the United States. Counts I, II, and V were asserted under the Federal Tort Claims Act, and Plaintiff acknowledged that he had not exhausted the required administrative remedies before filing those claims.
Procedural history
The United States removed the state-court action and was substituted for the Seminole Tribe of Florida as defendant on Counts I, II, and V after certification that the Tribe's employee was acting within the scope of federal employment. Plaintiff admitted that he had not exhausted administrative remedies under the FTCA, sought dismissal without prejudice of those counts, and moved to remand the remaining claims. The district court dismissed the FTCA claims without prejudice, terminated the United States, granted remand, and denied the pending motions to dismiss as moot.
Remand instructions
The Clerk must transmit a certified copy of the order to the Hillsborough County, Florida, Clerk of Court, terminate pending motions and deadlines, and close the federal case. The remaining claims are remanded to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida.