Reed et al v. Netherlands Insurance Company

Filing 18

ORDER Adopting 15 Report and Recommendation. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STEVEN REED, ET AL,
Plaintiffs,
vs

Case No: 10-13247
Honorable Victoria A. Roberts

INDIANA INSURANCE COMPANY,
Defendant.
________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
The Plaintiff filed written objections to the Report and Recommendation of the
Magistrate Judge, which recommended that the Motion to Remand filed by Plaintiff be denied.
By statute, this Court must make a de novo determination of those portions of the
proposed findings to which objection is made, 28 U.S.C. 636(b)(1)(c).
The Court conducted a de novo review, and finds that the Magistrate Judge properly
concluded that:
(1)

Defendant is not a third-party defendant in an action pending in Wayne County
Circuit Court between Plaintiffs and various other defendants;

(2)

This declaratory judgment action is not a “direct action” for purposes of 28
U.S.C. § 1332(c), such that the citizenship of the insured party in the Wayne
County Circuit Court action, should be conferred on this defendant, thereby
destroying diversity; and

(3)

It is premature to address the joinder of Mikocem, LLC under FRCP 19 (from the
Wayne County Circuit Court action) in this action; the issue is not ripe.
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The Magistrate judge’s analysis is sound and persuasive; her Report and
Recommendation is accepted in its entirety.
IT IS ORDERED.

/s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: June 9, 2011
The undersigned certifies that a copy of this
document was served on the attorneys of record
by electronic means or U.S. Mail on June 9, 2011.
s/Linda Vertriest
Deputy Clerk

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