Opinion
2:21-cv-641-SPC-MRM
09-14-2021
MARBELLA AT SPANISH WELLS 1 CONDOMINIUM ASSOCIATION, INC., Plaintiff, v. EMPIRE INDEMNITY INSURANCE COMPANY and ZURICH AMERICAN INSURANCE COMPANY, Defendants.
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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
This insurance dispute was removed from state court. The Court has reviewed the filings to date, as well as the state court docket, and notes that it is unclear whether Zurich American Insurance Company is a party to the suit. The Amended Complaint (Doc. 4), which was filed in state court, names both Empire Indemnity Insurance Company and Zurich as defendants in the caption but makes no allegations against Zurich. And although the case caption is not determinative of the parties to the suit, see Lundgren v. McDaniel, 814 F.2d 600, 604 n.2 (11th Cir. 1987), an email between counsel submitted with the removal papers confuses the issue even more. In the email, Plaintiffs counsel states that it will dismiss Zurich as a party after Empire accepts service but has not done so. (Doc. 1-2 at 2). To clear this up and get this case in the correct procedural posture, the Court needs input from the parties.
Accordingly, it is now
ORDERED:
Plaintiff shall explain, in writing, whether it intends to pursue claims against Zurich, or alternatively may file a notice of dismissal under Federal Rule 41(a)(1)(A)(i) to dismiss Zurich, by September 17, 2021.
DONE and ORDERED.