Ross v. Hartford Insurance Company Floor Place

Full title: LOUISE ROSS v. HARTFORD INSURANCE COMPANY AND THE FLOOR PLACE

Court: United States District Court, E.D. Louisiana

Date published: Jan 9, 2008

CIVIL ACTION NO. 07-7843, SECTION M (E.D. La. Jan. 9, 2008)

Opinion

CIVIL ACTION NO. 07-7843, SECTION M.

January 9, 2008

ORDER

PETER BEER, Senior District Judge

Before the Court is Plaintiff's Motion to Remand which is opposed by Defendant Hartford Insurance Company of the Midwest (Hartford), and which came for hearing on January 9, 2008, on the briefs. After consideration of the motions, the briefs and the applicable law, the Court denies the Motion.

As a result of alleged damages resulting from Hurricane Katrina, Plaintiff Louise Ross filed suit against two entities, her insurance company for their failure to pay insurance proceeds due under her policy and against her contractor, the Floor Place, for declaratory judgment. Defendant, Hartford, removed the case to this Court and Ross brought this Motion to Remand. Hartford alleges that the Floor Place is improperly joined and complete diversity exists.

This Court agrees with Hartford. Because Plaintiff seeks no relief from The Floor Place, it is not properly joined. See Smallwood v. Ill. Cent. R.R. 385 F.3d 568 (5^th Cir. 2004) (en banc), cert. denied, 544 U.S. 992, 125 S.Ct. 1825, 161 L. Ed. 2d 775 (2005).

Accordingly, complete diversity exists, and Plaintiff's motion to remand must be DENIED.