Patsy Lou Chevrolet, Inc. v. Seneca Specialty Insurance Company et al

Filing 6

ORDER DISMISSING CASE for Lack of Subject Matter Jurisdiction Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Patsy Lou Chevrolet, Inc., a Michigan corporation, Plaintiff, v. Seneca Specialty Insurance Company, et al., Defendants. _________________________________/ ORDER OF DISMISSAL WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION "[F]ederal courts have an independent obligation to investigate and police the boundaries of their own jurisdiction." Douglas v. E.F. Baldwin & Assocs., Inc., 150 F.3d 604, 607 (6th Cir. 1998). Having reviewed Plaintiff's complaint, the Court was not persuaded that Plaintiff has adequately alleged the necessary facts to establish the existence of subject matter jurisdiction. The Court therefore ordered Plaintiff to show cause, in writing, by July 20, 2009, why this action should not be dismissed for lack of jurisdiction. The time for responding to the Order to Show Cause has passed and Plaintiff has not filed a written response.1 Accordingly, IT IS ORDERED this action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Case No. 09-12479 Honorable Sean F. Cox

The Court notes that Plaintiffs did submit a proposed stipulation and order of dismissal without prejudice for entry by the Court. That stipulation and order, however, was not agreed to by all Defendants.

1

IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: July 23, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on July 23, 2009, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager