UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:20-cv-61314-GAYLES/STRAUSS

KEITH LORING STUART, LYNN 

ANTONUCCI STUART, FELICIA 

JOSEPHINA MALLIA, TERRY LYNN 

EDWARDS, NATIONWIDE POOLS, INC., 

NATIONWIDE POOLS OF DADE, INC., 

NATIONWIDE POOLS OF W. PALM 

BCH., INC., and THE KINGS HIGHWAY 

GENERAL CONTRACTING, INC., 

also known as NATIONAL CONSTRUCTION 

GROUP, INC.,

Plaintiffs,

v.

SARAH SHULLMAN, RONALD HONICK, 

MARK BRIESEMEISTER, and THE OFFICE 

OF THE FLORIDA ATTORNEY GENERAL,

Defendants.

_________________________________________/

ORDER

THIS CAUSE comes before the Court on Magistrate Judge Jared M Strauss’s Report and 

Recommendation (the “Report”), [ECF No. 41], on Defendants Sarah Shullman, Ronald Honick, 

Mark Briesemeister, and the Office of the Florida Attorney General’s (collectively, “Defendants”) 

Motion to Strike and Motion to Dismiss the Second Amended Complaint (the “Motion to 

Dismiss”), [ECF No. 5], and Plaintiffs Keith Loring Stuart, Lynn Antonucci Stuart, Felicia 

Josephina Mallia, Terry Lynn Edwards, Nationwide Pools, Inc., Nationwide Pools of Dade, Inc., 

Nationwide Pools of W. Palm Bch., Inc., and the Kings Highway General Contracting, Inc.’s 

(collectively, “Plaintiffs”) Motion to Remand, [ECF No. 10]. 

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This matter was referred to Magistrate Judge Strauss pursuant to 28 U.S.C. § 636(b)(1)(B) 

for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all 

dispositive matters. [ECF No. 29]. On July 8, 2020, Defendants filed their Motion to Dismiss and 

on July 29, 2020, Plaintiffs filed their Motion to Remand. On November 16, 2020, Magistrate 

Judge Strauss heard oral arguments on the Motion to Remand. [ECF No. 37]. On November 18, 

2020, Judge Strauss issued his Report recommending that Plaintiffs’ Motion to Remand be 

granted, that this action be remanded to the Seventeenth Judicial Circuit in and for Broward 

County, Florida, and that Defendants’ Motion to Dismiss be denied as moot. [ECF No. 41 at 1]. 

Judge Strauss’s Report recommends that this action be remanded for lack of subject matter 

jurisdiction because the Second Amended Complaint is a legal nullity and thus not the operative 

complaint at the time of removal. Id. at 3. Neither party timely filed objections.

A district court may accept, reject, or modify a magistrate judge’s report and 

recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which 

objection is made are accorded de novo review, if those objections “pinpoint the specific findings 

that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see 

also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific 

objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint 

Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 

208 F. App’x 781, 784 (11th Cir. 2006).

Having reviewed the Report, the Court finds no clear error and agrees with Judge Strauss’s 

well-reasoned analysis and conclusion that: (1) Plaintiffs’ Motion to Remand should be granted; 

(2) this action should be remanded to the Seventeenth Judicial Circuit in and for Broward County, 

Florida; and (3) Defendants’ Motion to Dismiss should be denied as moot.

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Accordingly, it is ORDERED AND ADJUDGED as follows:

1. Magistrate Judge Jared M. Strauss’s Report and Recommendation, [ECF No. 41], 

is AFFIRMED AND ADOPTED and incorporated into this Order by reference;

2. Plaintiffs Keith Loring Stuart, Lynn Antonucci Stuart, Felicia Josephina Mallia, 

Terry Lynn Edwards, Nationwide Pools, Inc., Nationwide Pools of Dade, Inc., 

Nationwide Pools of W. Palm Bch., Inc., and the Kings Highway General 

Contracting, Inc.’s Motion to Remand, [ECF No. 10], is GRANTED;

3. This action shall be REMANDED to the Seventeenth Judicial Circuit in and for 

Broward County, Florida;

4. Defendants Sarah Shullman, Ronald Honick, Mark Briesemeister, and the Office 

of the Florida Attorney General’s Motion to Strike and Motion to Dismiss the 

Second Amended Complaint, [ECF No. 5], is DENIED as moot; and

5. This case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida, this 21st day of December, 2020.

________________________________

DARRIN P. GAYLES

UNITED STATES DISTRICT JUDGE

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