Starcher et al v. State Farm Insurance Companies et al

Filing 8

Opinion & Order signed by Judge James S. Gwin on 12/9/15. Plaintiffs are ordered to file a motion to dismiss defendant UAW Retiree Medical Benefits Trust as well as erroneously named defendant State Farm Insurance Companies for the reasons set forth in this order. (Related Doc. 1 ) (D,MA)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: MICHAEL A. STARCHER, et al. : : Plaintiffs, : : vs. : : STATE FARM INSURANCE : COMPANIES, et al., : : Defendants. : : ------------------------------------------------------- CASE NO. 15-CV-01741 ORDER AND OPINION JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On July 23, 2015, Plaintiffs Michael Starcher et al. filed a complaint in the Court of Common Pleas, Cuyahoga County, Ohio, against Defendants State Farm Insurance Companies and UAW Retiree Medical Benefit Trust.1/ On August 28, 2015, Defendants filed a Notice of Removal under diversity jurisdiction.2/ On September 4, 2015, Plaintiffs filed a Motion to Remand to state court.3/ On September 25, 2015, this Court denied Plaintiffs’ motion to remand.4/ On September 1, 2015, the Cuyahoga County Court of Common Pleas made a nunc pro tunc entry dismissing Defendant UAW Retiree Medical Benefits Trust. That order indicated that Plaintiffs had filed a notice of dismissal as to Defendant UAW. In their answer, Defendant State Farm points out that Plaintiffs named both “State Farm 1/ Doc. 1-2. Doc.1. 3/ Doc.5. 4/ Doc. 7. 2/ -1- Case No. 15-CV-01741 Gwin, J. Insurance Companies” and “State Farm Mutual Automobile Insurance Companies” as Defendants. Defendants indicate that “State Farm Insurance Companies” does not exist as a legal entity.5/ For the reasons discussed above, the Court ORDERS Plaintiffs to file motion to dismiss UAW Retiree Medical Benefits Trust as a defendant. The Court also orders Plaintiffs to file a motion to dismiss erroneously named Defendant “State Farm Insurance Companies” and to instate “State Farm Mutual Automobile Insurance Companies” as the correctly named Defendant. IT IS SO ORDERED. Dated: December 9, 2015 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 5/ Doc. 1-3. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?