Carrigan et al v. First American Title Insurance Company et al

Filing 246

ORDER: Defendant J. Lauren Schickling's Motion to Dismiss 238 is granted and this case is dismissed without prejudice. Defendant J. Lauren Schickling's previous Motion to Dismiss Case for Lack of Jurisdiction 236 is denied as moot. Signed on 11/17/2016 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LISA CARRIGAN, et al
Civ. No. 6:13-cv-00902-TC

Plaintiffs,
V.

FIRST AMERICAN TITLE
INSURANCE COMPANY, et al

ORDER of DISMISSAL

Defendants.

MCSHANE, Judge:
Defendant J. Lauren Schickling's Motion to Dismiss for Lack of Subject Matter
Jurisdiction [#238] is GRANTED and this case is DISMISSED without prejudice.
Defendant J. Lauren Schickling's Motion to Dismiss for Lack of Subject Matter
Jurisdiction [#238] was filed on 11/15/2016, and oral arguments were heard on 11/16/2016.
[#242]. The Motion to Dismiss was also supported by Plaintiff Lisa Carrigan [#240].
1 - ORDER of Dismissal

For the reasons stated on the record [#242], the Court finds that it has no jurisdiction in
this matter and dismissal is appropriate under FRCP 12(b) and ORS 28.110. The action lacks
complete diversity because the Plaintiff and two Defendants were Oregon residents at the time of
filing and continue to be so. Because the Court cannot determine on this record whether the
interests of the Oregon parties are shared in common, the Court declines to realign the parties
under the Ninth Circuit's "primary purpose test." See Prudential Real Estate Affiliates v. PPR
Realty, 204 F.3d 867, 873 (9th Cir. 2000), Dolch v. United California Bank, 702 F.2d 178, 181
(9th Cir. 1983), Cont'! Airlines, Inc. v. Goodyear Tire & Rubber Co., 819 F.2d 1519, 1522-23
(9th Cir. 1987), et al.

It is therefore Ordered that Defendant J. Lauren Schickling's Motion to Dismiss for Lack

of Subject Matter Jurisdiction [#238] is GRANTED and this case is DISMISSED without
prejudice. Defendant J. Lauren Schickling's previous Motion to Dismiss [#236] is DENIED as
moot.

IT IS SO ORDERED.

DATED this 17th day of November, 2016.

\r.

L---

Michael J. McShane
United States District Judge

2-0RDER of Dismissal