Plocker v. Farmers Insurance Company, Inc.

Filing 14

MEMORANDUM AND ORDER re: 13 MOTION to Amend/Correct Complaint and Remand filed by Plaintiff Stanley Plocker motion is GRANTED. IT IS HEREBY ORDERED that plaintiffs motion for leave to file amended complaint joining and indispensable party and to remand is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 11/9/15. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STANLEY J. PLOCKER,
Plaintiff,
v.
FARMERS INS. CO., INC.,
Defendant,

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No. 4:15CV702 SNLJ

MEMORANDUM AND ORDER
Plaintiff filed this lawsuit against defendant Farmers Insurance Company to obtain
underinsured motorist coverage following an automobile accident with an at-fault driver
of another car. Plaintiff has recently discovered that a driver of another vehicle involved
in the accident may also be at-fault, and plaintiff contends that the second driver may
have some liability for plaintiff’s injuries. Defendant consents to the addition of the
second driver as a defendant to this case. However, the defendant is a Missouri citizen
and destroys this Court’s subject matter jurisdiction. As a result, this case must be
remanded to the Circuit Court for the City of St. Louis, Missouri.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to file amended
complaint joining and indispensable party and to remand is GRANTED.
Dated this 9th day of November, 2015.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE