Opinion
No. 4:15CV702 SNLJ
11-09-2015
STANLEY J. PLOCKER, Plaintiff, v. FARMERS INS. CO., INC., Defendant
MEMORANDUM AND ORDER
Plaintiff filed this lawsuit against defendant Farmers Insurance Company to obtain underinsured motorist coverage following an automobile accident with an at-fault driver of another car. Plaintiff has recently discovered that a driver of another vehicle involved in the accident may also be at-fault, and plaintiff contends that the second driver may have some liability for plaintiff's injuries. Defendant consents to the addition of the second driver as a defendant to this case. However, the defendant is a Missouri citizen and destroys this Court's subject matter jurisdiction. As a result, this case must be remanded to the Circuit Court for the City of St. Louis, Missouri.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to file amended complaint joining and indispensable party and to remand is GRANTED.
Dated this 9th day of November, 2015.
/s/_________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE