Lexington Insurance Company v. Lion Oil Company

Filing 20

ORDER denying #11 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Aleta A. Trauger on 10/17/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LEXINGTON INSURANCE COMPANY,
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH,
PENNSYLVANIA, GREAT LAKES
REINSURANCE (UK) PLC, ACE AMERICAN
INSURANCE COMPANY, XL INSURANCE
AMERICA, INC., IRONSHORE SPECIALTY
INSURANCE COMPANY, TALBOT
SYNDICATE 1183, TORUS SPECIALTY
INSURANCE COMPANY, NAVIGATORS
SYNDICATE 1221, f/k/a Millenium Syndicate
1221, PEMBROKE SYNDICATE 4000,
SJC 2003/CATLIN, BRIT INSURANCE,
SYNDICATE 2987, CHAUCER MARINE,
SYNDICATE 1084, BERKSHIRE HATHAWAY
INTERNATIONAL INSURANCE, ARCH
INSURANCE COMPANY, and LANDMARK
AMERICAN INSURANCE COMPANY,
Plaintiffs,
v.
LION OIL COMPANY,
Defendant.

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Civil No. 3:13-1054
Judge Trauger

ORDER
The plaintiffs have filed a First Amended Complaint For Declaratory Relief (Docket No.
16) that makes moot the Motion to Dismiss filed by defendant Lion Oil Company and former
defendant Delek U.S. Holdings, Inc. The First Amended Complaint drops as a defendant Delek
U.S. Holdings, Inc., the party that destroyed diversity jurisdiction. The plaintiffs are entitled to
drop a defendant in order to cure the diversity jurisdiction defect, which they have done. See
Grupo Dataflux v. Atlas Global Group, LP, 541 U.S. 567 (2004).
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For the reasons expressed herein, the Motion to Dismiss For Lack of Subject Matter
Jurisdiction (Docket No. 11) is DENIED.
It is so ORDERED.
ENTER this 17th day of October 2013.

________________________________
ALETA A. TRAUGER
U.S. District Judge

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