FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.C. v. TYCO THERMAL CONTROLS, LLC et al

Filing 43

ORDER granting 42 Motion to Dismiss; denying as moot 24 Motion to Dismiss or Stay Proceedings, as set forth in the attached document. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE to Plaintiff's right to re-assert any and all claims asserted hereunder in the appropriate state court forum. Third Party Plaintiff's Third Party Complaint is DISMISSED WITHOUT PREJUDICE to Third Party Plaintiff's right to re-assert any and all claims asserted hereunder in the appropriate state court forum. Signed by Judge Cathy Bissoon on 1/13/2012. (rtt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FIREMEN’S INSURANCE COMPANY OF
WASHINGTON, D.C., as subrogee of 3E
TRADING, LLC
Plaintiff,
v.
TYCO THERMAL CONTROLS, LLC, et
al.,
Defendants,
v.
39TH STREET COMMONS, LLC, et al.,
Third Party
Defendants

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Civil Action No. 11-179
Judge Cathy Bissoon

MEMORANDUM ORDER
In response to the Court’s request for briefing as to whether this Court has subject matter
jurisdiction over this action, Plaintiff Firemen’s Insurance Company of Washington, D.C.
conceded lack of subject matter jurisdiction and filed a Motion for Voluntary Dismissal
(Doc. 42). Because this Court lacks subject matter jurisdiction over this action, the Court hereby
ORDERS that Plaintiff Firemen’s Insurance Company of Washington, D.C.’s Motion for
Voluntary Dismissal (Doc. 42) is GRANTED. Plaintiff’s Complaint is DISMISSED
WITHOUT PREJUDICE to Plaintiff’s right to re-assert any and all claims asserted hereunder
in the appropriate state court forum.
Because there is no independent basis for this Court to assert jurisdiction over Third Party
Plaintiff Mickey J. Hastings’s Third Party Complaint (Doc. 30), and Third Party Plaintiff
Hastings has not alleged any basis for subject matter jurisdiction, see 3d Party Compl. (Doc. 30),
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Third Party Plaintiff Hastings’s Third Party Complaint likewise is DISMISSED WITHOUT
PREJUDICE to Third Party Plaintiff’s right to re-assert any and all claims asserted hereunder in
the appropriate state court forum.
Defendant Hastings’s Motion to Dismiss or Stay Proceedings (Doc. 24) is DENIED AS
MOOT.
IT IS SO ORDERED.
s/ Cathy Bissoon
Cathy Bissoon
United States District Judge
January 13, 2012
cc (via e-mail):
All counsel of record.

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