Malone v. Allstate Insurance Company et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 6/17/13. (SAC )
2013 Jun-17 PM 04:33
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ALLSTATE INSURANCE COMPANY and }
CIVIL ACTION NO.
On May 13, 2013, contemporaneously with its removal of the
above-entitled action, Allstate Insurance Company filed a motion to
dismiss the action as against the non-diverse defendant, Michael
On June 7, 2013, Ralph Bohanan, Jr. filed a
notice of appearance for plaintiff, styling the case “Sherry Malone
v. Allstate Insurance Company”, without reflecting Michael Rocchio
as a defendant.
On June 11, 2013, the court entered an order
providing that the motion to dismiss as against Rocchio would be
taken under submission at 4:30 p.m., “Monday, June 18, 2013" (which
plaintiff having the right to respond to the motion on or before
circumstances, the court concludes that plaintiff is conceding that
Rocchio was fraudulently joined, particularly inasmuch as no motion
to remand has been filed.
If a cause of action had been stated
against Rocchio, this court would lack subject-matter jurisdiction
and would remand sua sponte.
By separate order the motion to dismiss the action as against
Rocchio will be granted.
DONE this 17th day of June, 2013.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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