Society Insurance, A Mutual Company et al v. Bessemer Plywood Company et al

Filing 18

ORDER denying 13 Motion for Reconsideration by Defendants Bessemer Plywood Company, Harleysville Lake States Insurance Company. Signed by District Judge Barbara B. Crabb on 3/31/2017. (arw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SOCIETY INSURANCE, A MUTUAL COMPANY, ORDER Plaintiff, and SCOTT FRIEDLE, Involuntary Plaintiff, 17-cv-95-bbc v. BESSEMER PLYWOOD COMPANY and HARLEYSVILLE LAKE STATES INSURANCE COMPANY, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Defendants Bessemer Plywood Company and Harleysville Lake States Insurance Company seek reconsideration of an order dated March 17, 2017, in which I remanded this case to state court for lack of subject matter jurisdiction because defendants failed to show that plaintiffs and defendants have diverse citizenship under 28 U.S.C. ยง 1332. In their motion for reconsideration, defendants do not contend that the court made a legal error, but ask the court to consider new evidence regarding the citizenship of the parties. Dkt. #13. Defendants had two opportunities to show that jurisdiction is proper in this case and they acknowledge that they failed both times. They are not entitled to a third opportunity. 1 Accordingly, IT IS ORDERED that the motion for reconsideration filed by defendants Bessemer Plywood Company and Harleysville Lake States Insurance Company, dkt. #13, is DENIED. Entered this 31st day of March, 2017. BY THE COURT: /s/ BARBARA B. CRABB District Judge 2

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