Villas at Meadow Lakes Condominium v. United States Liability Insurance Company

Filing 7

ORDER Construing Plaintiff's Objection to Petition of Removal as MOTION TO REMAND and Requiring Response from Defendant. Defendant's Response due by 8/10/2012. See ORDER for details. Signed by Judge Robert N. Scola, Jr. on 8/1/2012. (jky)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 12-61469-Civ-SCOLA
VILLAS AT MEADOW
LAKES CONDOMINIUM,
Plaintiff,
vs.
UNITED STATES LIABILITY
INSURANCE COMPANY,
Defendant.
_____________________________________/
ORDER CONSTRUING PLAINTIFF’S OBJECTION TO PETITION OF REMOVAL
AS MOTION TO REMAND AND REQUIRING RESPONSE FROM DEFENDANT
THIS MATTER is before the Court upon independent review of the record, following the
filing of [ECF No. 6] Plaintiff’s Objection to Defendant’s Petition for Removal. The Court
construes this filing as a Motion to Remand and hereby directs the Defendant to file a response
by August 10, 2012.
Plaintiff, albeit somewhat inartfully, appears to argue that this Court lacks subject matter
jurisdiction over the instant controversy because this is a direct action by an insured against an
insurer. The diversity statute states that, in such actions, the defendant insurer is deemed a
citizen of every state of which the plaintiff insured is a citizen. 28 U.S.C. § 1332(c). If that is
true, then both Plaintiff and Defendant are deemed citizens of Florida, and diversity is defeated.
Defendant shall address this contention in its response to Plaintiff’s filing.

DONE and ORDERED in chambers, at Miami, Florida on August 1, 2012.
________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE
Copies to:
U.S. Magistrate Judge
Counsel of record