Weeks v. State Farm Mutual Automobile Insurance Company et al

Filing 18

ORDER -- The Clerk is DIRECTED to TERMINATE Defendant Brian Heany as a party to this action. The Court's Show Cause Order dated July 18, 2017, is DISCHARGED. Signed by Judge Roy B. Dalton, Jr. on 7/25/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CLINTON S. WEEKS,
Plaintiff,
v.

Case No. 6:17-cv-1099-Orl-37TBS

STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY; and BRIAN HEANY
Defendants,
_____________________________________
ORDER
Defendant State Farm Mutual Automobile Insurance Company (“State Farm”)
previously removed this action, invoking the Court’s diversity jurisdiction. (Doc. 1
(“Notice of Removal”).) In the Notice of Removal, State Farm claims that Plaintiff
fraudulently joined Brian Heany (“Mr. Heany”) as a Defendant to prevent removal. (Id.
¶ 6.) As support, State Farm points to: (1) the lack of service on Mr. Heany; and (2) a
release signed by Plaintiff, which encompasses the claim asserted against Mr. Heany in
the instant action. (Id. ¶¶ 5–8; see also Doc. 1-4 (“Release”); Doc. 2 (“Complaint”).)
Importantly, the Release predates the initiation of this suit. (Compare Doc. 1-4 (releasing
Mr. Heany from all claims arising from a November 4, 2015 car accident, signed March 1,
2017), with Doc. 2, ¶¶ 7–13 (asserting a negligence claim against Mr. Heany based on a
November 4, 2015 accident, signed March 24, 2017).)
In light of the foregoing, the Court issued an Order directing Plaintiff to show
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cause: (1) whether he intends to effect service on Mr. Heany; (2) why Mr. Heany was
named as a party following execution of the Release; and (3) why Mr. Heany should not
be dismissed as a party to this action. (Doc. 10.) In his response, Plaintiff represents that:
(1) he does not intend serve Mr. Heany; (2) Mr. Heany was inadvertently included in the
Complaint as a result of miscommunication by Plaintiff’s counsel; and (3) Mr. Heany
should be dismissed as a party to this action without prejudice. (Doc. 16.)
Accordingly, based on Plaintiff’s representations, it is ORDERED AND
ADJUDGED as follows:
1.

The Clerk is DIRECTED to TERMINATE Defendant Brian Heany as a
party to this action.

2.

The Court’s Show Cause Order dated July 18, 2017, is DISCHARGED.

DONE AND ORDERED in Chambers in Orlando, Florida, on July 25, 2017.

Copies to:
Counsel of Record

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