Travelers Property Casualty Company of America v. Zurich American Insurance Company et al

Filing 24

ORDER that the motion to dismiss 10 remains pending. Defendants Farm Bureau Property & Casualty Insurance Company and Mortimer, Inc. must answer the amended complaint within 20 days after the Court rules on the pending motion to dismiss (if the motion is denied). ORDER that the remaining Defendants must answer or respond to the amended complaint within 20 days of the date of this Order. ORDER dismissing Does 1-50. Signed by Judge James A Teilborg on 12/20/11. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Travelers Property Casualty Company of)
)
America,
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Plaintiff,
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vs.
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Zurich American Insurance Company;)
National Union Fire Insurance Company)
of Pittsburgh, PA; Farm Bureau Property)
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& Casualty Insurance Company,
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Defendants.
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)

No. CV 11-8151-PCT-JAT
ORDER

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On November 23, 2011, the Court issued the following order:

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“Inquiring whether the court has jurisdiction is a federal judge’s first duty
in every case.” Belleville Catering Co. v. Champaign Market Place, L.L.C.,
350 F.3d 691, 693 (7th Cir. 2003). In this case, the Complaint pleads
jurisdiction based on 28 U.S.C. § 1332, which is diversity. However, the
Complaint fails to adequately allege the citizenship of the parties such that this
Court can independently assess its jurisdiction.
Specifically, Plaintiff is a corporation; thus it is a citizen of its state of
incorporation and its principal place of business. Hertz Corp. v. Friend, 130
S. Ct. 1181, 1192; - - - U.S. - - - (2010). While Plaintiff pleaded a state of
incorporation and principal place of business for each Defendant, it failed to
do so for itself. Because Plaintiff failed to plead these locations for itself,
Plaintiff failed to allege diversity jurisdiction. Therefore,
IT IS ORDERED that by December 19, 2011, Plaintiff shall file an
amended complaint properly alleging federal subject matter jurisdiction or this
case will be dismissed, without prejudice.

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On December 19, 2011, Plaintiff filed an amended complaint and alleged the

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citizenship of the parties such that Plaintiff has now alleged diversity. Accordingly, the

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Court will take no further action regarding the citizenship of the parties, without prejudice

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to any Defendant contesting citizenship, if they deem it appropriate.

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The Court notes that Defendants Farm Bureau Property & Casualty Insurance

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Company and Mortimer, Inc., had previously moved to dismiss due to Plaintiff’s failure to

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prove that the amount in controversy exceeded the jurisdictional minimum. The Court has

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reviewed the amended complaint and finds that the amended complaint does not change the

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jurisdictional issue raised in the motion to dismiss. Accordingly,

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IT IS ORDERED that the motion to dismiss (Doc. 10) remains pending. Defendants

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Farm Bureau Property & Casualty Insurance Company and Mortimer, Inc. must answer the

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amended complaint within 20 days after the Court rules on the pending motion to dismiss (if

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the motion is denied).

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IT IS FURTHER ORDERED that the remaining Defendants must answer or
otherwise respond to the amended complaint within 20 days of the date of this Order.
IT IS FINALLY ORDERED dismissing Does 1-50 because the Federal Rules of
Civil Procedure do not provide for the use of fictitious defendants.
DATED this 20th day of December, 2011.

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