STIPULATED MOTION AND ORDER FOR VOLUNTARY REMAND

RONALD B. LEIGHTON, District Judge.

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 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.

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.

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: