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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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MICHAEL A. STARCHER, et al.
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Plaintiffs,
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vs.
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STATE FARM INSURANCE
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COMPANIES, et al.,
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Defendants.
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:
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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

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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

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