CIRCLE CENTRE MALL LLC et al v. ZURICH AMERICAN INSURANCE COMPANY et al
| XL INSURANCE AMERICA, INC., SIMON PROPERTY GROUP, INC. and CIRCLE CENTRE MALL LLC |
| OLD REPUBLIC INSURANCE COMPANY and ZURICH AMERICAN INSURANCE COMPANY |
| 1:2014cv01160 |
| July 11, 2014 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Jane Magnus-Stinson |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
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Filing
35
ORDER: For the reasons stated, the Court GRANTS Plaintiffs' Motion to Remand, [Filing No. 29], including their request for attorneys' fees and costs in connection with the motion. The parties are ORDERED to confer regarding the amount of such attorneys' fees and costs and, if agreement cannot be reached regarding the amount by September 25, 2014, Plaintiffs are ORDERED to file a Petition setting forth the amounts they seek by that date. If agreement is reached, the parties shall file a statement by that date advising the Court accordingly. Should the filing of a Petition be necessary, Defendants will have until October 2, 2014, to respond to the Petition, and Plaintiffs will have until October 9, 2014, to reply. Upon resol ution of the fees and costs issue, Final Judgment will be entered and this matter will be REMANDED to the Marion Superior Court pursuant to 28 U.S.C. § 1447(d) ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 9/11/2014. (DW)
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Filing
24
ORDER: On July 10, 2014, Defendant Zurich American Insurance Company ("Zurich") removed to this Court a state court action filed by Plaintiffs Circle Centre Mall LLC ("Circle Centre"), Simon Property Group, Inc. ("Simon"), and XL Insurance America, Inc. ("XL"). [Filing No. 1.] In the Notice of Removal, Zurich states that this Court has diversity j urisdiction under 28 U.S.C. § 1332. [Filing No. 1 at 2.] Because the Court could not determine from the Notice of Removal whether it has diversity jurisdiction over this matter, it ordered the parties to file jurisdictional statements. [Filing No. 6.] The parties filed such statements, [Filing No. 21; Filing No. 2 2; Filing No. 23], and it is apparent that there is a dispute regarding Circle Centre's citizenship. Plaintiffs have stated that they plan to file a motion to remand the case back to state court, and to seek their attorneys' fees and costs incurred in connection with the Notice of Removal. [Filing No. 21 at 4.] Accordingly, the Court ORDERS Plaintiffs to file any motion to remand by August 8, 2014. Defendants' response to the motion to remand must be filed by August 15, 2014. Any reply shall be due August 20, 2014 (see Order for additional information). Signed by Judge Jane Magnus-Stinson on 7/28/2014.(SWM)
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Filing
6
ORDER TO FILE JOINT JURISDICTIONAL STATEMENT: For these reasons, the Court ORDERS the parties to file a joint jurisdictional statement by July 24, 2014, detailing the citizenship of each party and whether the amount in controversy exceeds $75,000, exclusive of interest and costs ***SEE ORDER FOR ADDITIONAL INSTRUCTIONS AND INFORMATION***. Signed by Judge Jane Magnus-Stinson on 7/15/2014.(DW)
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