Barbara Schwartz, et al v. SCI Funeral Services of Florida, Inc., et al

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-11830
Non-Argument Calendar
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D.C. Docket No. 9:12-cv-81080-KLR
BARBARA SCHWARTZ,
an individual,
CAROLE NEITLICH,
an individual, on behalf of themselves
and all other similarly situated,
Plaintiffs - Appellants,
versus
SCI FUNERAL SERVICES OF FLORIDA, INC.,
a Florida Corporation,
Defendant - Third Party
Plaintiff - Appellee,
RUSTY SCOTT,
an individual,
Defendant - Appellee,
Case: 13-11830 Date Filed: 02/05/2014 Page: 1 of 2

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HAUCK ENTERPRISES, LTD.,
a Texas Corporation,
Third Party Defendant.
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Appeal from the United States District Court
for the Southern District of Florida
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(February 5, 2014)
Before TJOFLAT, WILSON and ANDERSON, Circuit Judges.
PER CURIAM:
The District Court grounded its subject matter jurisdiction in this class action
under the Class Action Fairness Act (CAFA), rejecting plaintiffs’ motion to
remand the case on the “grounds argument that diversity jurisdiction is absent and
that SCI lacked the authority to remove.” Order dated November 8, 2012. The
court thereafter granted the defendants’ motions to dismiss plaintiffs’ complaint on
the ground that the named plaintiffs lacked standing to sue. Order dated March 25,
2013.
Plaintiffs now appeal, renewing the arguments they made in support of their
motion to remand and in favor of standing. We find no merit in these arguments
for the reasons the District Court gave in rejecting them.
AFFIRMED.
Case: 13-11830 Date Filed: 02/05/2014 Page: 2 of 2

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