Tinner v. Farmers Insurance Company, Inc.

Filing 12

MEMORANDUM AND ORDER granting 9 defendant's Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge J. Thomas Marten on 2/22/2012. Mailed to pro se party Fabian Tinner by regular mail. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

FABIAN TINNER,
Plaintiff,

vs.

Case No. 11-2694-JTM

FARMERS INSURANCE COMPANY, INC.,
Defendant.

MEMORANDUM AND ORDER

This matter is before the court on the Motion to Dismiss for Lack of Jurisdiction and Failure
to State a Claim (Dkt. 9) of the defendant Farmers Insurance, which was filed January 25, 2012. The
defendant argues that the court is without diversity jurisdiction, as both it and pro se plaintiff Fabian
Tinner are citizens of Kansas, and because Tinner — who alleges that Farmers breached its
obligations under an insurance contract by paying settlement proceeds to a third-party medical
lien-holder rather than directly to Tinner — has failed to present any basis for federal question
jurisdiction.
Tinner has made no timely response to the Motion to Dismiss. For good cause shown and
pursuant to D.Kan.R. 7.4, the motion of the defendant is hereby granted.

IT IS SO ORDERED this 22nd day of February, 2012.

s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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