Back on April 16 the attorney’s for Erica Kinsman – who has alleged new Bucs quarterback Jameis Winston sexually assaulted her in 2012 – filed a civil suit against the former FSU star. On Wednesday, according to Patrick Nohe of Chopchat.com, “Jameis Winston’s legal team filed a motion in Orange county to remove the pending lawsuit against him to the United States District Court for the Middle District of Florida, Orlando Division.”
To read Nohe’s full story and see a link to the motion, click here.
Mark Cook currently is the director of editorial content and Bucs beat writer and has written for PewterReport.com since 2011. Cook has followed the Buccaneers since 1977 when he first began watching football with his Dad and is fond of the 1979 Bucs team that came within 10 points of going to a Super Bowl. His favorite Bucs game is still the 1979 divisional playoff win 24-17 over the Eagles. In his spare time Cook enjoys playing guitar, fishing, surfing and family time at the beach. In addition, Cook can be found in front of a television or in Doak Campbell any time the FSU Seminoles are playing. Cook is a native of Pinecrest in Eastern Hillsborough County and has written for numerous publications including the Tampa Tribune, In the Field and Ya'll Magazine. Cook can be reached at email@example.com
Ho-hum! Wake me when it’s over! Zzzzzzz!
There is no motion–it is a Notice of Removal, and removal to federal court is automatic upon its filing. So the case is currently in federal court. It is Plaintiff’s burden to establish a reason why the case should be remanded back to state court. Consolidation with the FSU law suit is a separate motion that the Federal Court will have to decide on.
Additionally, while I think it is unlikely that it will be remanded back to state court because there does appear to be diversity jurisdiction, if it does, I am sure they will transfer venue from Orange County–which bears no relation to the case–I am assuming the conduct complained of took place in Leon County. I know Plaintiff’s Florida Counsel are in Orlando, so that probably explains why it was filed there.
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