Ortiz v. Zurich American Insurance Company et al

Filing 31

ORDER - In this case, the complaint fails to sufficiently plead jurisdiction. ORDERED that by 12/23/2013, Plaintiff shall file a supplement to thecomplaint properly alleging federal subject matter jurisdiction, or this case will be dismissed without prejudice for lack of federal subject matter jurisdiction. FURTHER ORDERED that Unknown Parties (named as XYZ Corporations and John Does 1-26) are dismissed because the Federal Rules of Civil Procedure do not permit the use of fictitious Defendants. (See attached Order for details). Signed by Senior Judge James A Teilborg on 12/9/2013. (TLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Zurich American Insurance Company;)
Sedgwick CMS, Inc.; Kelly Thompson, )
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Defendants.
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David Ortiz,

No. CV 13-2097-PHX-JAT
ORDER

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty in every

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case.” Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 693 (7th

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Cir. 2003). In this case, the complaint fails to sufficiently plead jurisdiction. See 28 U.S.C.

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§ 1332(c)(1); Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010) (discussing the

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citizenship of a corporation).

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Accordingly,

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IT IS ORDERED that by December 23, 2013, Plaintiff shall file a supplement to the

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complaint properly alleging federal subject matter jurisdiction, or this case will be dismissed

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without prejudice for lack of federal subject matter jurisdiction.

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IT IS FURTHER ORDERED that XYZ Corporations and John Does 1-26 are

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dismissed because the Federal Rules of Civil Procedure do not permit the use of fictitious

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Defendants. See, e.g., Fed. R. Civ. P. 10(a); Craig v. U.S., 413 F.2d 854, 856 (9th Cir.), cert.

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denied, 396 U.S. 987 (1969); Molnar v. Nat’l Broadcasting Co., 231 F.2d 684, 686-87 (9th

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Cir. 1956).

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DATED this 9th day of December, 2013.

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