Maiden v. Liberty Mutual Insurance Company et al

Filing 6

MEMORANDUM AND ORDER, granting 5 MOTION to Withdraw 2 Notice of Removal, filed by Liberty Mutual Insurance Company. Case remanded to Madison County, IL. Signed by Judge J. Phil Gilbert on 1/5/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ETHAN D. MAIDEN,
Plaintiff,
v.

Case No. 14-cv-1388-JPG-SCW

LIBERTY MUTUAL INSURANCE COMPANY and
JACK COOPER TRANSPORT COMPANY, INC.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of defendant Liberty Mutual Fire Insurance
Company (“Liberty Mutual”), misnamed in the complaint as Liberty Mutual Insurance Company, to
withdraw its notice of removal (Doc. 5). The Court construes the motion as a motion to remand. No
party objects to the motion.
Liberty Mutual originally removed this case pursuant to 28 U.S.C. § 1441(a) relying on the
Court’s original diversity jurisdiction under 28 U.S.C. § 1332(a). It now concedes that the pleadings
demonstrate that complete diversity between the parties, as required for diversity jurisdiction, see

Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806), does not exist because plaintiff Ethan D.
Maiden and defendant Jack Cooper Transport Company are both citizens of Missouri.
In light of the lack of complete diversity between the parties and the failure of any party to
object to the motion, the Court GRANTS the motion to withdraw the notice of removal, construed
as a motion to remand (Doc. 5), and REMANDS this case to the Circuit Court for the Third
Judicial Circuit, Madison County, Illinois, for lack of subject matter jurisdiction.
IT IS SO ORDERED.
DATED: January 5, 2015
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE