Alabama Department of Conservation et al v. Warren Alloy Valve & Fitting Co., LP et al

Filing 128

Order re: 127 Response. National Liability is to file a reply to Warren Alloy LP's objection on or before 6/3/09 and to file the corporate disclosure ( Responses due by 6/3/2009). Signed by Judge Kristi K. DuBose on 5/27/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALABAMA DEPARTMENT OF CONSERVATION, MARINE RESOURCES DIVISION; SILVER SHIPS, INC.; and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, Plaintiffs, vs. WARREN ALLOY VALVE & FITTING COMPANY, LP and W & O SUPPLY, INC., et al, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO 08-0326-KD-B

ORDER This matter is before the Court on a sua sponte review of its jurisdiction. See Alabama Power Co. v. U.S. Dept. of Energy, 307 F.3d 1300, 1308 (11th Cir. 2002) (A court has an independent duty to examine its own jurisdiction); accord University of South Alabama v. American Tobacco Co., 168 F.3d 409, 411 (11th Cir. 1999), and the objection filed by Warren Alloy Valve & Fitting Company, LP, (Warren Alloy LP) to this court's order to show cause why this case should not be remanded to the Circuit Court of Baldwin County, Alabama for lack of diversity jurisdiction (docs. 126, 127). In the objection, defendant Warren Alloy LP states that on further research it appears that plaintiff National Liability and Fire Insurance Company (National Liability) is a Connecticut corporation with its principal place of business in Nebraska. If correct, then all of the plaintiffs are diverse from all of the defendants. Warren Alloy LP also points out that National Liability

has not filed a corporate disclosure as required by Local Rule 3.4 of the Southern District of Alabama. Accordingly, National Liability is ORDERED to file a reply to Warren Alloy LP's objection on or before June 3, 2009 and National Liability is further ORDERED to file the corporate disclosure as required by Local Rule 3.4, on or before June 3, 2009. DONE this the 27th day of May, 2009. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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