Opinion
CIVIL 21-11523
07-26-2021
ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. ANGELA DAVIS, VITAL COMMUNITY CARE P.C., FERNDALE REHABILITATION CENTER, LLC, AFFILIATED DIAGNOSTICS LLC, WINFIELD MEDICAL SOLUTIONS, LLC, and UNITED LAB RX, LLC. Defendants.
OPINION AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE
LINDA V. PARKER U.S. DISTRICT JUDGE
Plaintiff filed this lawsuit against Defendants on June 29 , 2021, asserting diversity jurisdiction under 28 U.S.C. § 1332(a). (ECF No. 1 at Pg ID 3, ¶ 10.) On July 8, 2021, this Court entered an order requiring Plaintiff to show cause, in writing, as to why the action should not be dismissed without prejudice for lack of diversity jurisdiction. (ECF No. 4.) Plaintiff's pleading alleged that it and one defendant, Winfield Medical Solutions, LLC, are California citizens (ECF No. 1 at Pg ID 3, ¶¶ 1, 7), and diversity jurisdiction is lacking if any plaintiff and any defendant are citizens of the same state, see id. § 1332(a). Moreover, Plaintiff failed to allege facts to determine the citizenship of the unincorporated entities named as Defendants.
Plaintiff's response to the show cause order was due on or before July 22, 2021. (See ECF No. 4 at Pg ID 92.) Plaintiff failed to respond.
Accordingly, IT IS ORDERED that Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
IT IS SO ORDERED.