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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?