PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY v. CORE TRANSPORTATION, LLC et al

Filing 74

ORDER granting Plaintiff's 66 Motion to Dismiss for Lack of Jurisdiction. This case is DISMISSED WITHOUT PREJUDICE, and the Clerk is DIRECTED to close this case forthwith. Signed by Judge Richard L. Young on 7/28/2016. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
PROGRESSIVE SOUTHEASTERN
INSURANCE COMPANY,
Plaintiff,
vs.
CORE TRANSPORTATION, LLC,
TRANSPORT LABOR
CONTRACT/LEASING, INC., PENSKE
TRUCK LEASING CO., L.P., PENSKE
TRUCK LEASING CORPORATION, and
DERREK CLARK,
Defendants.

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1:15-cv-00506-RLY-DKL

ORDER ON PROGRESSIVE’S UNOPPOSED MOTION TO DISMISS
Plaintiff, Progressive Southeastern Insurance Company, filed this declaratory
judgment action against Defendants, Core Transportation, LLC, Transport Labor
Contract/Leasing, Inc., Penske Truck Leasing Co., L.P., Penske Truck Leasing
Corporation, and Derrek Clark, to resolve a dispute regarding insurance coverage and
indemnification. Progressive now moves to voluntarily dismiss its case for lack of
subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 41(a)(2). No party
opposes the motion.
The court finds that because Progressive and Core Transportation are both citizens
of Indiana, there is not complete diversity among the parties. Therefore, the court lacks
subject matter jurisdiction over this dispute. Plaintiff’s Motion to Dismiss (Filing No.

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66) is GRANTED. This case is DISMISSED WITHOUT PREJUDICE, and the Clerk
is DIRECTED to close this case forthwith.

SO ORDERED this 28th day of July 2016.
__________________________________
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

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