Allianz Global Risks US Insurance Company et al v. Goshen Air Center Inc et al

Filing 48

OPINION AND ORDER -- Goshen Air Center's cause of action against Star Insurance and Star Insurance's cause of action against Arlington/Roe and any associated counterclaims are hereby DISMISSED without prejudice. The Clerk is to show Estlic k-Girvin & Lefever Insurance Agency d/b/a Star Insurance Agency and Arlington/Roe & Co., Inc. TERMINATED from the case. Motion to Dismiss 47 filed by Goshen Air Center Inc is DENIED as MOOT. Signed by Magistrate Judge Roger B Cosbey on 10/12/2011. (kjm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
ALLIANZ GLOBAL RISKS US INSURANCE
COMPANY as Subrogee of TBT Aviation, LLC,
And TBT Aviation, LLC,
Plaintiffs,
v.
GOSHEN AIR CENTER, INC., JUSTIN DALE,
and RANDALL SHARKEY,
Defendants.
GOSHEN AIR CENTER, INC.,
Third-Party Plaintiff,
v.
ESTLICK-GIRVIN & LEFEVER INSURANCE
AGENCY d/b/a STAR INSURANCE,
Third-Party Defendant.
ESTLICK-GIRVIN & LEFEVER INSURANCE
AGENCY d/b/a STAR INSURANCE AGENCY,
Fourth-Party Plaintiff,
v.
ARLINGTON/ROE & CO., INC.,
Fourth-Party Defendant.

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Case No.: 1:11-CV-081

OPINION AND ORDER
On June 6, 2011, Defendants, and Third Party Plaintiffs, Goshen Air Center, Inc., Justin
Dale, and Randall Sharkey (collectively, “Goshen Air Center”) filed a Third Party Complaint
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against Estlick-Girvin & Lefever Insurance Agency d/b/a Star Insurance Agency (“Star
Insurance”). (Docket # 20.) Star Insurance filed an Amended Fourth Party Complaint, which is
dependent on the Court having jurisdiction over the Third Party Complaint, against Fourth Party
Defendant Arlington/Roe & Co., Inc. (“Arlington/Roe”) on July 20, 2011. (Docket # 31.)
On September 26, 2011, the Court entered an Opinion and Order observing that
supplemental jurisdiction did not exist over Goshen Air Center’s claim against Star Insurance
and Star Insurance’s claim against Arlington/Roe, but that the parties would be given one final
opportunity, until October 11, 2011, to show otherwise. (Docket # 46.)
Although the Third Party Plaintiff, Goshen Air Center, subsequently filed a Motion to
Dismiss its Third Party Complaint without prejudice on October 6, 2011 (Docket #47), no filings
have been offered in opposition to the Court’s September 26, 2011, Opinion and Order.
Accordingly, for the reasons set out in the September 26, 2011, Opinion and Order,
Goshen Air Center’s cause of action against Star Insurance and Star Insurance’s cause of action
against Arlington/Roe and any associated counterclaims are hereby DISMISSED without
prejudice pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of jurisdiction.1 The
Clerk is to show Estlick-Girvin & Lefever Insurance Agency d/b/a Star Insurance Agency and
Arlington/Roe & Co., Inc. TERMINATED from the case.
SO ORDERED.
Entered this 12th day of October, 2011.

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Because the Court is dismissing this case for lack of jurisdiction and without prejudice, the Motion to
Dismiss filed by Goshen Air Center (Docket # 47) is DENIED as MOOT. Accordingly, since the case has not been
voluntarily dismissed, Indiana’s Journey’s Account Statute, Ind. Code § 34-11-8-1, remains potentially applicable if
the case is re-filed in state court. Blinn v. Law Firm of Johnson, Beaman, Bratch, Beal, & White, LLP, 948 N.E.2d
814 (noting that voluntary dismissal of an earlier claim can preclude invocation of the Journey’s Account Statute).

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/s/ Roger B. Cosbey
Roger B. Cosbey
United States Magistrate Judge

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