Carter, Shane et al v. GMAC Insurance Co. Online, Inc.

Filing 17

ORDER granting 16 Motion to Remand to State Court. Signed by District Judge James D. Peterson on 8/21/14. (rep)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

SHANE CARTER and
CARI CARTER,

v.

Plaintiffs,

GMAC INSURANCE CO. ONLINE, INC.,
TRACEY FERGUSON, AMERICAN
INSURANCE SERVICES and
UTICA MUTUAL INSURANCE
COMPANY,

ORDER
14-cv-149-jdp

Defendants.

In January 2014, plaintiffs Shane Carter and Cari Carter filed this action in the Circuit
Court for Richland County, Wisconsin, asserting an insurance claim against GMAC Insurance
Co. Online, Inc. On March 5, 2014, defendant GMAC removed the case to this court on the
basis of diversity jurisdiction. On May 23, 2014, plaintiffs filed an amended complaint, dkt.
#10, adding defendants Tracey Ferguson, American Insurance Services and Utica Mutual
Insurance Company to the action.
Now before the court is plaintiffs’ motion to remand the case to state court pursuant to
28 U.S.C. § 1447(c).

Plaintiffs assert that because plaintiffs and defendants Ferguson and

American Insurance Services are all citizens of Wisconsin, the parties are no longer diverse and
the case should be remanded to the Circuit Court for Richland County, Wisconsin. Defendants
have filed no opposition to the motion.
Based upon a review of the plaintiffs’ motion, the court is satisfied that this court lacks
subject matter jurisdiction, making it proper to remand the case. 28 U.S.C. § 1447(c).

ORDER

IT IS ORDERED that plaintiffs’ motion to dismiss and remand, Dkt. 16, is GRANTED
and this case is REMANDED to the Circuit Court of Richland County for lack of subject matter
jurisdiction. The clerk of court is directed to transmit the file to the Circuit Court of Richland
County.
Entered this 21st day of August, 2014.
BY THE COURT:
/s/
JAMES D. PETERSON
District Judge

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