Kirkland et al v. The Standard Fire Insurance Company et al

Filing 22

ORDER & REASONS: ORDERED that plaintiffs' 16 Motion for New Trial is GRANTED IN PART and DENIED IN PART as set forth in document. FURTHER ORDERED 18 Motion to Dismiss for Lack of Jurisdiction is GRANTED to the extent that plaintiffs' cl aim(s) against First National Bank of Omaha, NE is DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that Standard Fire's 21 Motion to Convert Dismissal Without Prejudice to Dismissal with Prejudice is GRANTED. Ordered that plaintiffs' claim(s) against Standard Fire is DISMISSED WITH PREJUDICE. Signed by Judge Kurt D. Engelhardt on 10/28/11. (plh, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHAREEN GREENWOOD KIRKLAND
AND BRUCE KIRKLAND

CIVIL ACTION

VERSUS

NO. 10-1940

TRAVELERS PROPERTY AND CASUALTY
INSURANCE COMPANY, ET AL.

SECTION “N” (4)

ORDER AND REASONS
Presently before the Court are three pending motions. Having carefully reviewed
the parties’ submissions, the Court rules on the motions as stated herein.
IT IS ORDERED that Plaintiffs’ “Motion for New Trial” (Rec. Doc. 16) is
GRANTED IN PART and DENIED IN PART. The motion is granted to the extent that it simply
seeks confirmation, on the record, that the Court’s March 22, 2011 Order and Reasons (Rec. Doc.
14) resulted in only Defendant The Standard Fire Insurance Company (“Standard Fire”) being
dismissed from this action.1 On the showing made, however, the motion is denied to the extent that
it requests a remand of Plaintiffs’ claims against the remaining defendants. In short, Plaintiffs have
not demonstrated, by means of a properly supported motion, that a remand to state court is either by
consent of the remaining parties, or otherwise warranted based on the circumstances presented here.

Defendant The Standard Fire Insurance Company indicates that it was initially
incorrectly designated in the petition as Travelers Property and Casualty Insurance Company.

IT IS ORDERED that the “Motion to Dismiss for Lack of Jurisdiction” filed by First
National Bank of Omaha, NE (“First National”) (Rec. Doc. 18) is GRANTED to the extent that
Plaintiffs’ claim(s) against First National is DISMISSED WITHOUT PREJUDICE. As stated in
First National’s supporting memorandum, Plaintiffs have not demonstrated that this Court has
personal jurisdiction over it. Indeed, the Court notes that, to date, Plaintiffs have not filed any
memorandum in opposition to this motion.
IT IS ORDERED that Standard Fire’s “Motion to Convert Dismissal Without
Prejudice to Dismissal With Prejudice” (Rec. Doc. 21) is GRANTED. In its prior Order and
Reasons (Rec. Doc. 14), the Court ordered that Standard Fire’s motion to dismiss be granted
without prejudice to Plaintiffs' right to seek leave to amend their petition within fifteen (15) days
of the entry of that ruling. To date, Plaintiffs have not sought leave to file an amended complaint
in this matter relative to Standard Fire. Accordingly, IT IS ORDERED that Plaintiffs’ claim(s)
against Standard Fire is DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 28th day of October 2011.

___________________________________
Kurt D. Engelhardt
United States District Judge

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