Elawyers Elawyers
Washington| Change

MOCK v. UNITEDHEALTHCARE INSURANCE COMPANY, 6:17-cv-46-Orl-37TBS. (2017)

Court: District Court, M.D. Florida Number: infdco20170221f21 Visitors: 3
Filed: Feb. 16, 2017
Latest Update: Feb. 16, 2017
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court its own motion. On January 25, 2017, the Court ordered Defendant to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction, as Defendant did not adequately allege Plaintiff's citizenship. (Doc. 9.) In response, Defendant submitted evidence that fell short of establishing that Plaintiff was a domiciliary, and thus a citizen, of North Carolina. ( See Doc. 16.) On Februa
More

ORDER

This cause is before the Court its own motion.

On January 25, 2017, the Court ordered Defendant to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction, as Defendant did not adequately allege Plaintiff's citizenship. (Doc. 9.) In response, Defendant submitted evidence that fell short of establishing that Plaintiff was a domiciliary, and thus a citizen, of North Carolina. (See Doc. 16.) On February 1, 2017, the Court permitted Defendant an additional opportunity to adequately allege Plaintiff's citizenship and identified specific examples of sufficient evidentiary support. (Doc. 17.) Defendant has now sufficiently demonstrated that Plaintiff is a citizen of North Carolina. (See Doc. 17-1; see also Doc. 17-2.) The Court is, therefore, satisfied that complete diversity exists, see 28 U.S.C. 1332(a); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005), and concludes that it has subject matter jurisdiction over this action.

Accordingly, it is hereby ORDERED and ADJUDGED that the Court's January 25 and February 1 Orders to Show Cause (Docs. 9, 17) are DISCHARGED.

DONE AND ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer