Conifer Insurance Company v. Continental Enterprises et al

Filing 20

PRELIMINARY SCHEDULING ORDER. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CONIFER INSURANCE COMPANY,
Plaintiff,
v.

Case No. 15-11650

CONTINENTAL ENTERPRISES, et al.,
Defendants.
/
PRELIMINARY SCHEDULING ORDER
On August 4, 2015, the court conducted a telephone conference in the
above-captioned matter. During the conference, the court questioned the existence of
subject matter jurisdiction over this removed case. Counsel agree that the parties are
not diverse, but disagree as to whether all Defendants are properly joined in this matter.
Before commencing discovery or issuing a scheduling order, the court deems it prudent
to first settle the preliminary issue of subject matter jurisdiction. Accordingly,
IT IS ORDERED that by September 4, 2015 , Plaintiff Conifer Insurance
Company shall a) submit a stipulation and proposed order that would i) eliminate
non-diverse parties and clarify this court's jurisdiction, or ii) maintain the non-diverse
parties and remand the case to state court OR, b) in the absence of a stipulated
proposed order, file a motion to remand. If a motion is filed, briefing shall follow the
deadlines imposed by the local rules. If a stipulation to remand is filed, the matter is
concluded in this court; if a stipulation to eliminate the non-diverse parties is filed,

the court will schedule a scheduling/status conference.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: August 11, 2015
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 11, 2015, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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