Jimenez et al v. Geico Indemnity Co
| Josee Jimenez and Maryana Glas |
| Geico Indemnity Co |
| 3:2019cv00897 |
| June 10, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Filing 10 RESPONSE TO by Maryana Glas, Josee Jimenez filed by Maryana Glas, Josee Jimenez. (Murray, William) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Josee Jimenez, Maryana Glas.(Murray, William) |
Filing 8
ORDER. The Court has reviewed the complaint to fulfill its independent obligation to determine that it has subject matter jurisdiction. Plaintiffs allege that they are "residents of Connecticut who reside at 375 Greenwich Avenue, New Haven, Connecticut 06519-2605." Plaintiffs therefore do not allege their own domicile. See Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 46 (2d Cir. 1996) ("Because the complaint alleges only the residence, and not the citizenship, of some of the plaintiffs, we cannot determine whether diversity jurisdiction exists."). The class allegations fare no better, because the complaint alleges that the putative class "consists of residents of Connecticut who paid GEICO for automobile theft and/or arson coverage pursuant to policies of insurance but were denied coverage for same without any valid reason and/or without articulation by GEICO of the reason for denial from the period of time from June 11, 2016 to the present date." (emphasis added).In addition, plaintiffs allege that the defendant, GEICO Indemnity Company, "is an insurance company registered to do business in the State of Connecticut, domiciled in Maryland, and with a principal place of business located at One Geico Plaza, Washington, DC 20076-0001." Plaintiffs therefore do not allege the state in which GEICO is incorporated, as required by 28 U.S.C. sec 1332. Plaintiffs' allegation that "GEICO is not a citizen of the State of Connecticut" is also inadequate, since citizenship must be affirmatively pleaded. See Prospect Funding Holdings, LLC v. Fennell, No. 15 CIV. 4176 LLS, 2015 WL 4477120, at *1 (S.D.N.Y. July 15, 2015) ("Stating merely that the party is not a citizen of his adversaries' states of citizenship leaves open the prospect that he is not a citizen of any state: he could be a U.S. citizen domiciled abroad. If so, he could neither sue nor be sued under Section 1332(a)(1)'s requirement for diversity between 'citizens of different States.'"). Plaintiffs have failed to plead facts showing either complete or minimal diversity. Plaintiffs are hereby ordered to show cause within 21 days why the case should not be dismissed for lack of subject matter jurisdiction. Failure to respond by the deadline will lead to dismissal of the case without prejudice. Signed by Judge Michael P. Shea on 6/21/2019. (Barclay, Michael)
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| Filing 7 WAIVER OF SERVICE Returned Executed as to Geico Indemnity Co waiver sent on 6/12/2019, answer due 8/11/2019 filed by Maryana Glas; Josee Jimenez. (Murray, William) |
| Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Geico Indemnity Co* with answer to complaint due within *21* days. Attorney *William E. Murray* *Law Offices of William E. Murray, LLC* *41 North Main Street, Suite 204* *West Hartford, CT 06107*. (Peterson, M) |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Protective Order, #1 Complaint filed by Josee Jimenez, Maryana Glas, #3 Electronic Filing Order, #2 Order on Pretrial Deadlines Signed by Clerk on 06/11/2019. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 06/10/2019. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 06/10/2019. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 8/9/2019. Discovery due by 12/10/2019. Dispositive Motions due by 1/14/2020. Signed by Clerk on 06/10/2019. (Peterson, M)
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| Judge Michael P. Shea added. (Anastasio, F.) |
| Filing 1 COMPLAINT against Geico Indemnity Co ( Filing fee $400 receipt number BCTDC-5312219.), filed by Josee Jimenez, Maryana Glas.(Murray, William) Modified text on 6/10/2019 to correct parties (Anastasio, F.). |
| Request for Clerk to issue summons as to GEICO Indemnity Company. (Murray, William) |
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