Opinion
CASE NO. 15-CV-01741
12-09-2015
MICHAEL A. STARCHER, et al. Plaintiffs, v. STATE FARM INSURANCE COMPANIES, et al., Defendants.
ORDER AND OPINION :
On July 23, 2015, Plaintiffs Michael Starcher et al. filed a complaint in the Court of Common Pleas, Cuyahoga County, Ohio, against Defendants State Farm Insurance Companies and UAW Retiree Medical Benefit Trust. On August 28, 2015, Defendants filed a Notice of Removal under diversity jurisdiction. On September 4, 2015, Plaintiffs filed a Motion to Remand to state court. On September 25, 2015, this Court denied Plaintiffs' motion to remand.
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On September 1, 2015, the Cuyahoga County Court of Common Pleas made a nunc pro tunc entry dismissing Defendant UAW Retiree Medical Benefits Trust. That order indicated that Plaintiffs had filed a notice of dismissal as to Defendant UAW.
In their answer, Defendant State Farm points out that Plaintiffs named both "State Farm Insurance Companies" and "State Farm Mutual Automobile Insurance Companies" as Defendants. Defendants indicate that "State Farm Insurance Companies" does not exist as a legal entity.
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For the reasons discussed above, the Court ORDERS Plaintiffs to file motion to dismiss UAW Retiree Medical Benefits Trust as a defendant. The Court also orders Plaintiffs to file a motion to dismiss erroneously named Defendant "State Farm Insurance Companies" and to instate "State Farm Mutual Automobile Insurance Companies" as the correctly named Defendant.
IT IS SO ORDERED. Dated: December 9, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE