The Doctors Company v. First Initiatives Insurance, Ltd et al

Filing 9

ORDER to Remand Case re 8 Stipulation to Remand to the Pierce County Superior Court, signed by Judge Ronald B. Leighton. (DN)

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HONORABLE RONALD B. LEIGHTON
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT TACOMA

NO. 3:13-cv-05606 RBL

THE DOCTORS COMPANY,

STIPULATED MOTION AND ORDER
FOR VOLUNTARY REMAND

Plaintiff,
v.
FIRST INITIATIVES INSURANCE, LTD. and
CATHOLIC HEALTH INITIATIVES,
Defendants.

I.

STIPULATION

Pursuant to LCR 10(g) and LCR 7(d)(1), Plaintiff The Doctors Company (“TDC”) and
Defendant Catholic Health Initiatives (“CHI”), by and through counsel, and with the consent of
Defendant First Insurance Initiatives, Ltd. (“FIIL”), stipulate and agree to the voluntary remand
of this action to Pierce County Superior Court for the reasons set forth below:
1.

CHI filed a Notice of Removal of this matter, with FIIL’s consent, pursuant to 28

U.S.C. §§ 1332, 1441, and 1446 on July 23, 2013. Dkt. No. 1. CHI pleaded that this Court had

STIPULATED MOTION AND ORDER FOR VOLUNTARY
REMAND - 1
No. 3:13-cv-05606 RBL

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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original jurisdiction of the subject matter of this action under 28 U.S.C. § 1332 because TDC and
defendants were citizens of different states, and TDC seeks to recover more than $75,000,
exclusive of costs and interest. Id. With respect to the diversity-of-citizenship requirement,
TDC had alleged in the underlying complaint that it is “a California Inter-Insurance Exchange
doing business within the state of Washington.” Id., Ex. A. Accordingly, CHI pleaded in its
Notice of Removal that TDC was a citizen of California. CHI also pleaded that it is a citizen of
Colorado in its praecipe, Dkt. No. 3, and, in the Notice of Removal, that FIIL is a citizen of the
Cayman Islands, Dkt. No. 1. Thus, because Defendants appeared to CHI to be citizens of
different states than Plaintiff, CHI averred in its Notice of Removal that the complete diversityof-citizenship requirement contained in 28 U.S.C. § 1332(a) was satisfied. Id.
2.

Following removal, TDC counsel advised that because TDC is an unincorporated

association comprised of its members/insureds, TDC has the citizenship of each of its
members/insureds, as discussed in Truck Ins. Exchange v. The Manitowoc Co., et al., 2010 WL
4961618 *1 (D. Ariz. 2010). See Ex. A (7/25/13 email between counsel) (attached hereto). TDC
counsel further stated that TDC has members/insureds in Colorado, thereby defeating the
diversity requirement. Id. Following additional communication among counsel, TDC provided
proof that at least some of its members/insureds are citizens of Colorado, and thus, TDC’s
citizenship includes Colorado. See Ex. B (7/29/31 email between counsel) (attached hereto).
3.

CHI did not know that TDC had members/insureds in Colorado prior to filing its

Notice of Removal. However, immediately upon learning that diversity jurisdiction did not
exist, CHI agreed to voluntarily remand the case to state court and coordinated with TDC to
prepare this stipulated motion for the Court’s consideration.

STIPULATED MOTION AND ORDER FOR VOLUNTARY
REMAND - 2
No. 3:13-cv-05606 RBL

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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For the foregoing reasons, Plaintiff TDC and Defendant CHI, together with the consent
of Defendant FIIL, respectfully request that this Court remand this matter to Pierce County
Superior Court.
DATED this 1st day of August, 2013.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Defendants Catholic Health Initiatives, Inc. and
First Insurance Initiatives, Ltd.
By s/Mark Wilner
Mark Wilner, WSBA #31550
Haley K. Krug, WSBA #39315
1001 Fourth Avenue, Suite 4000
Seattle, Washington 98154
T: [phone]
F: [phone]
Email: [e-mail]
Email: [e-mail]

POLSINELLI
Attorneys for Defendants Catholic Health Initiatives, Inc. and
First Insurance Initiatives, Ltd.
By s/ Lauren E. Tucker McCubbin
Lauren E. Tucker McCubbin**
P. John Brady**
Twelve Wyandotte Plaza
120 W. 12th Street
Kansas City, Missouri 64105
T: [phone]
F: [phone]
Email: [e-mail]
Email: [e-mail]
*Pro Hac Vice Applications Forthcoming

STIPULATED MOTION AND ORDER FOR VOLUNTARY
REMAND - 3
No. 3:13-cv-05606 RBL

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]

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LANE POWELL PC
Attorneys for Plaintiff
By s/ Gabriel Baker
Gabriel Baker, WSBA No. 28473
Steven D. Jensen, WSBA No. 26495
1420 Fifth Avenue, Ste. 4100
Seattle, WA 98101-2338
T: [phone]
F: [phone]
Email: [e-mail]
Email: [e-mail]

II.

ORDER

Having considered the stipulation of the parties and being familiar with the record in this
matter and good cause having been shown, it is HEREBY ORDERED as follows:
1.

The parties’ stipulated motion is GRANTED; and

2.

This action shall be remanded to Pierce County Superior Court.

DATED this 2nd day of August, 2013.

A
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

STIPULATED MOTION AND ORDER FOR VOLUNTARY
REMAND - 4
No. 3:13-cv-05606 RBL

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone [phone]
Fax [phone]