American National Insurance Company v. Hansen et al

Filing 37

ORDER: The Court vacates the portion of its Judgment dated March 27, 2017 20 dismissing Plaintiff American National Insurance Company from this action. Plaintiff American National Insurance Company shall file an amendment to its Complaint wit hin seven (7) days, adding the following sentence to 1: "American National is incorporated in Texas." Upon filing of the amendment, the Court will reinstate the portion of its Judgment dismissing Plaintiff American National Insurance Company from this action. The Court will defer ruling on Defendants Mary and Matthew Burnes' Motion to Dismiss 27 until after the amendment has been filed. Signed by Judge James S. Moody, Jr. on 5/25/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

AMERICAN NATIONAL INSURANCE
COMPANY,
Plaintiff,
v.

Case No: 8:17-cv-341-T-30JSS

APRIL HANSEN, DANIELLE ELARDO,
MARY BURNE, MATTHEW BURNE,
in his capacity as the Personal
Representative of the Estate of James L.
Burne, III, and V.B., minor, by his next
friend, April Hansen, his mother,
Defendants.
MARY BURNE and MATTHEW BURNE, in
his capacity as the Personal Representative
of the Estate of James L. Burne, III,
Cross-Plaintiffs,
v.
APRIL HANSEN and DANIELLE ELARDO,
Cross-Defendants.
____________________________________
ORDER
THIS CAUSE comes before the Court upon Defendants Mary and Matthew Burnes’
Motion to Dismiss (Doc. 27), Plaintiff American National Insurance Company’s Advisory
in Response to the Motion to Dismiss (Doc. 30), Defendant Danielle Elardo’s Brief in
Opposition to the Motion to Dismiss (Doc. 31), and a court hearing held on May 24, 2017.

At this hearing, the Burnes argued for the first time that American National Insurance
Company (“American National”) did not sufficiently allege its place of citizenship in its
Complaint (Doc. 1). Technically, the Burnes are correct, 1 although the Court questions the
utility of raising this argument given that American National noted that it was not a citizen
of Florida in its Civil Cover Sheet and the Burnes do not dispute that American National
is a citizen of Texas. It is interesting to note that the Burnes would prefer to delay these
proceedings for American National to add one sentence to its Complaint rather than to
move on with this case so that they can get their life insurance funds as soon as possible.
It is ORDERED AND ADJUDGED that:
1.

The Court vacates the portion of its Judgment dated March 27, 2017 (Doc.
20) dismissing Plaintiff American National Insurance Company from this
action.

2.

Plaintiff American National Insurance Company shall file an amendment to
its Complaint within seven (7) days, adding the following sentence to ¶ 1:
“American National is incorporated in Texas.”

3.

Upon filing of the amendment, the Court will reinstate the portion of its
Judgment dismissing Plaintiff American National Insurance Company from
this action.

1

American National alleged that its principal place of business is in Galveston, Texas, but
it did not also allege that it is incorporated in Texas. A corporation is a citizen of both its place of
incorporation and its principal place of business. 28 U.S.C. § 1332(c)(1).

2

4.

The Court will defer ruling on Defendants Mary and Matthew Burnes’
Motion to Dismiss (Doc. 27) until after the amendment has been filed.

DONE and ORDERED in Tampa, Florida, on May 25th, 2017.

Copies furnished to:
Counsel/Parties of Record

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