UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ELIA COLON, et al., on behalf of themselves and all others similarly situated,

Plaintiffs,

v. Case No: 8:23-cv-01909-KKM-CPT

FLORIDA HEALTH SCIENCES CENTER, INC.,

Defendant. ___________________________________ ORDER Elia Colon, Anthony James, Tiffany James, Dolly Maldonado, La’Tasha Mann, John McDonald, Alyscia Ramos, Angel Ramos, Tomika Richardson, Helen Scott, Radames Velez, and Charyetta Wright Rassel sue Florida Health Sciences Center, Inc. (Tampa General Hospital) on their own behalf and as proposed representatives of a class of Florida citizens. Am. Compl. (Doc. 16). Based on a May 2023 data breach, Plaintiffs allege common law tort claims as well as violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Am. Compl. ¶¶ 88–181. Recently, I remanded two similar actions for lack of subject-matter jurisdiction. , No. 23-cv-1993 (Doc. 30) (M.D. Fla. July 9, 2024) (remanding for lack of minimal diversity); , No. 23-cv-1864,

(M.D. Fla. June 18, 2024) (remanding for lack of Article III standing). Section 1447(c) of Title 28 provides that, in an action removed to federal court, “[i]f at any time before final judgment it appears that the district court lacks subject matter

jurisdiction, the case shall be remanded.” Thus, “[w]hen a case is removed from state to federal court and the plaintiffs do not have Article III standing in federal court, the district court’s only option is to remand back to state court.”

,

, 994 (11th Cir. 2022). In the light of , Tampa General concedes that this action should be remanded. Status Report (Doc. 29). I agree, both on standing grounds (similar to

) and because Tampa General has not established minimal diversity (as in ). Accordingly, the following is ORDERED: 1. The Clerk is directed to REMAND this action to the Circuit Court for

the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, and to transmit a certified copy of this order to the clerk of that court. 2. The Clerk is further directed to TERMINATE any pending motions and

deadlines, and to CLOSE this case. ORDERED in Tampa, Florida, on August 7, 2024.

jae ; 4 Mizelle United States District Judge