Rios v. State Farm Mutual Automobile Insurance Company
Filing
7
OPINION AND ORDER denying motion to dismiss re 1 Notice of Removal, filed by State Farm Mutual Automobile Insurance Company. Signed by Judge Kenneth A. Marra on 5/23/2011. (ir)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-80571-CIV-MARRA
SANDRA RIOS,
Plaintiff,
vs.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant.
_____________________________________/
OPINION AND ORDER
THIS CAUSE is before the Court upon Defendant State Farm Mutual Automobile
Insurance Company’s Motion to Dismiss and/or Strike Complaint. (DE 1-2). The Court has
carefully considered the motion and is fully advised in the premises.
Plaintiff filed a Complaint in the Circuit Court of the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida, against Defendant for uninsured motorist coverage (DE 1-2).
Defendant then filed a Motion to Dismiss and/or Strike Complaint in state court, arguing that the
Complaint should be dismissed pursuant to Florida Rule of Civil Procedure 1.130 and Florida
case law because Plaintiff failed to attach a copy of the insurance policy to her Complaint. (DE 12). Shortly thereafter, Defendant filed a Notice of Removal with this Court (DE 1).
This case has been removed to federal court. Under the Federal Rules of Civil Procedure,
Plaintiff is not required to attach a copy of the contract in question to the Complaint. United
States ex rel. Chabot v. MLU Services, Inc., 544 F. Supp. 2d 1326, 1329 (M.D. Fla. 2008).
Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant State Farm
Mutual Automobile Insurance Company’s Motion to Dismiss and/or Strike Complaint (DE 1-2)
is DENIED.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County
Florida, this 23rd day of May, 2011.
_______________________________________
KENNETH A. MARRA
United States District Judge
Copies to:
Counsel of record
2
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