Moore v. Hartford Casualty Insurance Company et al

Filing 17

ORDER. Plaintiff's request for a period of remand related discovery is DENIED. Plaintiff shall file any reply to defendant's response to her motion to remand within seven (7) days of this date. Signed by Magistrate Judge Jane M. Virden on 1/28/15. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

DEBRA A. MOORE

PLAINTIFF

VS.

NO. 4:14-CV162-DMB-JMV

HARTFORD CASUALTY INSURANCE COMPANY

DEFENDANTS

ORDER
On December 15, 2014, Plaintiff filed a Motion to Remand [7] and a Motion to Stay
Remand Proceedings and for Authority to Conduct Remand Related Discovery [9]. In support of
his request for a stay of remand proceedings and period to conduct remand related discovery,
Plaintiff contends that fictitious defendants named in the complaint might be residents of
Mississippi. Accordingly, Plaintiff seeks discovery regarding the identities and citizenship of
the fictitious defendants in support of her contention that this court lacks subject matter
jurisdiction based upon diversity of citizenship. In their Response [14] to Plaintiff’s motion for
authority to conduct this discovery, defendants essentially argue that the discovery sought by
Plaintiff is not relevant to the remand issue, i.e., the diversity of citizenship analysis. By Order
[15] dated January 12, 2015, the undersigned stayed certain proceedings herein pursuant to L. U.
Civ. R. 16(b)(1)(B) and ordered Plaintiff to respond to this limited argument by defendants and
provide support for the need for relevant remand related discovery. The court has now fully
considered Plaintiff’s reply and agrees that the information Plaintiff seeks, while it may be
necessary to support a motion to amend the complaint to substitute non-diverse defendants, is
not relevant to the current remand issue. Accordingly, the request for a period of remand related
discovery is DENIED. Plaintiff shall file any reply to defendant’s response to her motion to

remand within seven (7) days of this date.
THIS, the 28th day of January, 2015.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

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