Depp v. Diaz et al, No. 2:2015cv04537 - Document 12 (E.D. La. 2015)
Court Description: ORDER AND REASONS granting 11 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Sarah S. Vance on 12/14/15. (jjs)
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Depp v. Diaz et al Doc. 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DONALD DEPP CIVIL ACTION VERSUS NO: 15-4537 ROGELIO DIAZ, ET AL. SECTION: R(5) ORD ER AN D REASON S Defendant Progressive Security Insurance Com pany m oves to dism iss plaintiff Donald Depp’s com plaint for lack of subject m atter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).1 Depp is a Louisiana citizen who alleges that the Court has diversity jurisdiction over his state-law claim s under 28 U.S.C. § 1332 .2 Progressive presents evidence in support of its m otion to dism iss that it too is properly considered a Louisiana citizen.3 Depp neglected to file an opposition to Progressive’s m otion and has not dem onstrated that subject m atter jurisdiction exists in the face of contrary evidence. Accordingly, the Court GRANTS the m otion and DISMISSES WITHOUT PREJ UDICE Depp’s com plaint. New Orleans, Louisiana, this _ _14th _ _ day of Decem ber, 20 15. ___ ___________________________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 1 R. Doc. 11. 2 R. Doc. 1 at 1 ¶ I. 3 See R. Doc. 11-1 at 3; R. Doc. 11-2. Dockets.Justia.com
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