Mangai et al v. Evans et al
Filing
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OPINION AND ORDER: The Court hereby ORDERS Defendant GEICO Casualty Company to FILE, on or before 3/23/2018, a Supplemental Jurisdictional Statement that provides a basis for the Court's exercise of subject matter jurisdiction. Signed by Magistrate Judge Paul R Cherry on 3/14/2018. (Copy mailed to pro se party)(jss)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
NERAD GRACE MANGAI, Decedent,
by her Parent, JAMES MANGAI, et al.,
Plaintiffs,
v.
DEANGELO R. EVANS, et al.,
Defendants.
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CAUSE NO.: 1:18-CV-56-TLS-PRC
OPINION AND ORDER
This matter is before the Court sua sponte. The Court must continuously police its subject
matter jurisdiction. Hay v. Ind. State Bd. of Tax Comm’rs, 312 F.3d 876, 879 (7th Cir. 2002). The
Court must dismiss this action if the Court lacks subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3).
Currently, the Court is unable to determine if it has subject matter jurisdiction over this litigation.
Defendant GEICO Casualty Company (“GEICO”) invoked this Court’s subject matter
jurisdiction via federal question jurisdiction by removing this litigation to federal court. As the party
seeking federal jurisdiction, GEICO has the burden of establishing that subject matter jurisdiction
exists. Smart v. Local 702 Int’l Bhd. of Elec. Workers, 562 F.3d 798, 802-03 (7th Cir. 2009).
The Complaint brings three Counts against the Defendants. Count I alleges wrongful death
against Defendant Deangelo R. Evans under Indiana Code sections 34-23-1-1 and 34-23-2-1. Count
II alleges wrongful death against Defendant Mercedez Main under the same Indiana Code sections
as Count I. Count III alleges that GEICO must pay damages under uninsured or underinsured
insurance coverage, citing Indiana Code chapter 27-7-5.
In the Notice of Removal, filed on March 12, 2018, GEICO asserts that this Court has subject
matter jurisdiction due to the federal question that will be raised in GEICO’s “Complaint for
Declaratory Judgment,” which it intends to file shortly. In Holmes Group, Inc. v. Vornado Air
Circulation Systems, Inc., the Supreme Court rejected the argument that a federal question raised
in a counterclaim can serve as the basis for federal question jurisdiction. 535 U.S. 826, 830-31
(2002). Thus, GEICO’s statements in the Notice of Removal regarding the Court’s jurisdiction do
not provide a basis on which the Court can exercise subject matter jurisdiction over this case.
Therefore, the Court hereby ORDERS Defendant GEICO Casualty Company to FILE,
on or before March 23, 2018, a Supplemental Jurisdictional Statement that provides a basis for the
Court’s exercise of subject matter jurisdiction.
SO ORDERED this 14th day of March, 2018.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT
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