Starcher et al v. State Farm Insurance Companies et al, No. 1:2015cv01741 - Document 8 (N.D. Ohio 2015)
Court Description: Opinion & Order signed by Judge James S. Gwin on 12/9/15. Plaintiffs are ordered to file a motion to dismiss defendant UAW Retiree Medical Benefits Trust as well as erroneously named defendant State Farm Insurance Companies for the reasons set forth in this order. (Related Doc. 1 ) (D,MA)
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Starcher et al v. State Farm Insurance Companies et al Doc. 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: MICHAEL A. STARCHER, et al. : : Plaintiffs, : : vs. : : STATE FARM INSURANCE : COMPANIES, et al., : : Defendants. : : ------------------------------------------------------- CASE NO. 15-CV-01741 ORDER AND OPINION JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: 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.1/ On August 28, 2015, Defendants filed a Notice of Removal under diversity jurisdiction.2/ On September 4, 2015, Plaintiffs filed a Motion to Remand to state court.3/ On September 25, 2015, this Court denied Plaintiffs’ motion to remand.4/ 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 1/ Doc. 1-2. Doc.1. 3/ Doc.5. 4/ Doc. 7. 2/ -1- Dockets.Justia.com Case No. 15-CV-01741 Gwin, J. 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.5/ 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 5/ Doc. 1-3. -2-
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