Williams v. Southern Fidelity Insurance Company ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA FRANCESCA WILLIAMS CIVIL ACTION VERSUS NO. 22-815 SOUTHERN FIDELITY SECTION "E" (5) INSURANCE COMPANY ORDER On March 29, 2022, Defendant Southern Fidelity Insurance Company removed this case from the Civil District Court for the Parish of Orleans, State of Louisiana.1 On January 6, 2023, the Court stayed and administratively closed the action until the stay of proceedings against Defendant has been lifted.2 On March 6, 2023, Plaintiff Francesca Williams moved to reopen the case to add Louisiana Insurance Guaranty Association (“LIGA”) as a defendant.3 Receiving no opposition from Defendant, the Court reopened the case on March 22, 2023.4 On March 24, 2023, Plaintiff filed an unopposed motion for leave to file an amended complaint, adding LIGA as a defendant.5 The Court granted Plaintiff’s motion on March 27, 2023,6 and Plaintiff filed the amended complaint into the record.7 Defendant LIGA filed an answer on April 26, 2023.8 The Court lacks subject matter jurisdiction in this matter. “[T]he Court must remand the case to state court if at any time before the final judgment it appears that it lacks subject matter jurisdiction.”9 “For diversity jurisdiction to exist, the amount in 1 R. Doc. 2. 2 R. Doc. 17. 3 R. Doc. 19. 4 R. Doc. 21. 5 R. Doc. 24. 6 R. Doc. 26. 7 R. Doc. 27. 8 R. Doc. 29. 9 Francis v. S. Fid. Ins. Co., No. 22-763, 2023 WL 2674709, at *1 (E.D. La. Mar. 29, 2023). controversy must exceed $75,000, and there must be complete diversity between plaintiffs and defendants.”*° Plaintiff is a Louisiana citizen. “LIGA is an unincorporated association and ‘has the citizenship for diversity purposes of each of its constituent member insurers.”!2 Accordingly, the parties lack complete diversity, and remand is proper.'3 IT IS ORDERED that this action is hereby REMANDED to the Civil District Court for the Parish of Orleans, State of Louisiana. New Orleans, Louisiana, this 3rd day of May, 2023. SUSIE sion UNITED STATES DISTRICT JUDGE 10 Td, 1R, Doc. 2 at p. 4. 12 Francis, No. 22-763, 2023 WL 2674709, at *1. 13 Td. (“Multiple sections of this Court have remanded cases because LIGA has constituent member insurers based in Louisiana.”); see also Soza v. S. Fid. Ins.Co., No. 22-985, 2023 WL 315948, at *1n.3 (E.D. La. Jan. 19, 2023); 14th St. Properties, LLC v. S. Fid. Ins. Co., No. 22-1593, 2023 WL 416317, at *1 (E.D. La. Jan. 26, 2023).