Roell v. State Farm Mutual Automobile Insurance

Filing 31

ORDERED that this action is REMANDED to the Circuit Court of the Ninth Judicial Circuit, in and for Osceola County, Florida. Signed by Judge Roy B. Dalton, Jr. on 1/30/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

CARMEN ROELL,

Plaintiff,
v.

Case No. 6:14-cv-1914-Orl-37DAB

STATE FARM MUTUAL AUTOMOBILE
INSURANCE; and WANNA J. PIERRE,

Defendants.

ORDER
This cause is before the Court on the following:
1.

Order to Show Cause (Doc. 28), filed January 23, 2015; and

2.

Defendant-State Farm’s Response to Order to Show Cause (Doc. 29), filed
January 23, 2015.

On January 23, 2015, the Court ordered the removing Defendant, State Farm
Mutual Automobile Insurance (“Defendant”), to show cause why the Court should not
remand this action for lack of subject matter jurisdiction. (See Doc. 28.) In response,
Defendant concedes that Plaintiff’s filing of the First Amended Complaint (Doc. 26), which
incorporates Wanna J. Pierre as a co-defendant, divested the Court of diversity
jurisdiction over this action. (See Doc. 29, p. 1.) Plaintiff and Pierre are both citizens of
Florida, so the addition of Pierre as a co-defendant defeats complete diversity. See
Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005) (requiring that the citizenship of each

plaintiff be diverse form the citizenship of every defendant). Consequently, the case is
due to be remanded to state court for lack of subject matter jurisdiction.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
1.

This action is REMANDED to the Circuit Court of the Ninth Judicial Circuit,
in and for Osceola County, Florida.

2.

The Clerk is DIRECTED to terminate all pending motions and deadlines and
close the case file.

DONE AND ORDERED in Chambers in Orlando, Florida, on January 30, 2015.

Copies:
Counsel of Record
Clerk of Court for the Circuit Court of the Ninth Judicial Circuit, in and for Osceola County,
Florida.

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