Reed v. Indiana Insurance Company

Full title: STEVEN REED, ET AL, Plaintiffs, v. INDIANA INSURANCE COMPANY, Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jun 9, 2011

Case No: 10-13247 (E.D. Mich. Jun. 9, 2011)

Opinion

Case No: 10-13247.

June 9, 2011

ORDER ADOPTING REPORT AND RECOMMENDATION

VICTORIA ROBERTS, District Judge

The Plaintiff filed written objections to the Report and Recommendation of the Magistrate Judge, which recommended that the Motion to Remand filed by Plaintiff be denied.

By statute, this Court must make a de novo determination of those portions of the proposed findings to which objection is made, 28 U.S.C. 636(b)(1)(c).

The Court conducted a de novo review, and finds that the Magistrate Judge properly concluded that:

(1) Defendant is not a third-party defendant in an action pending in Wayne County Circuit Court between Plaintiffs and various other defendants;

(2) This declaratory judgment action is not a "direct action" for purposes of 28 U.S.C. § 1332(c), such that the citizenship of the insured party in the Wayne County Circuit Court action, should be conferred on this defendant, thereby destroying diversity; and

(3) It is premature to address the joinder of Mikocem, LLC under FRCP 19 (from the Wayne County Circuit Court action) in this action; the issue is not ripe.

The Magistrate judge's analysis is sound and persuasive; her Report and Recommendation is accepted in its entirety.

IT IS ORDERED.