Michael James Longs Bey v. Suncoast Credit Union, Stacey Bandy, John 1-5 Does

Summary

The United States District Court for the Middle District of Florida grants Michael James Longs Bey’s motions to amend his complaint and remand the action to Florida state court. After the federal claims were withdrawn, the court concluded that federal-question jurisdiction no longer existed and directed the Clerk to remand and close the case.

Holdings

1. The court construed Plaintiff's motion to withdraw federal claims as a motion to amend under Federal Rule of Civil Procedure 15 and granted it.
2. Once Plaintiff amended the complaint to eliminate the federal-law claims that enabled removal, the federal court no longer had subject matter jurisdiction over the action, and remand was required.

Questions Presented

1. Whether the court should construe Plaintiff's motion styled as a motion to withdraw as a motion to amend under Federal Rule of Civil Procedure 15.
2. Whether the court retained subject matter jurisdiction after Plaintiff amended the complaint to eliminate the federal claims that supported removal.
3. Whether the action should be remanded to Florida state court.

Disposition

remanded