Opinion
Civil Action No. 07-cv-00600-PAB.
March 20, 2009
ORDER
This matter is before the Court on American Family Mutual Insurance Company's Motion to Dismiss for Lack of Diversity Jurisdiction [Docket No. 225]. Special Master Donald E. Abram filed a recommendation on January 12, 2009 [Docket No. 745] that the motion be granted.
Plaintiff Trinity Universal Insurance Company ("Trinity") filed suit against Truck Insurance Exchange ("Truck") and other defendants. Several co-defendants filed cross-claims against Truck. American Family's motion claims that Truck, as an unincorporated association, is a resident of every state and therefore destroys diversity jurisdiction.
On September 11, 2008, this Court granted Trinity's motion to dismiss Truck pursuant to a settlement agreement [Docket No. 592]. On March 16, 2009, this Court granted Truck and Mid-Century Insurance Company's Motion to Dismiss All Cross-Claims against Mid-Century Insurance Company and Truck Insurance Exchange [Docket No. 623]. The effect of these orders is that Truck is no longer a party to this case. Accordingly, it is
ORDERED that American Family's Motion to Dismiss for Lack of Diversity Jurisdiction [Docket No. 225] is DENIED as moot.