Berg, Mary et al v. Dorel Home Furnishings, Inc. et al
| Mary L Berg and Gregory Berg |
| Blue Cross Blue Shield of Minnesota, United States Centers for Medicare & Medicaid Services, Dorel Home Furnishings, Inc. and ABC Insurance Company |
| 3:2020cv00530 |
| June 10, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 Acknowledgment of Receipt of Record by St. Croix County Circuit Court. (kwf) |
Filing 12
** TEXT ONLY ORDER **The parties have responded to the court's order to show cause why this case shouldn't be remanded to state court for lack of jurisdiction under 28 U.S.C. 1332. One of the potential problems identified by the court was that one of the defendants is a federal agency, and the presence of a federal agency "destroys complete diversity." Frey v. EPA, 270 F.3d 1129, 1137 (7th Cir. 2001). In its response, defendant Dorel Home Furnishings says that the court can disregard the federal agency as a nominal party because it was included in the case for subrogation purposes. But this court has held multiple times that subrogees are not nominal parties because they have "a substantial stake in the outcome of th[e] case." Esberner v. Darnell, No. 10-cv-40-slc, 2010 WL 1981049, at *2 (W.D. Wis. May 13, 2010). See also Estate of Pickard ex rel. Pickard v. Wisconsin Cent. Ltd., 300 F. Supp. 2d 776, 778 (W.D. Wis. 2002). Accordingly, this case is REMANDED to St. Croix County Circuit Court. Signed by District Judge James D. Peterson on 6/25/2020. (kwf)
|
| Filing 11 Response to 9 Order Regarding Jurisdiction,,,, by Defendant Dorel Home Furnishings, Inc. (Remke, Rachel) |
| Filing 10 Notice of Electronic Filing for Text Only Order 9. (Response to Order to Show Cause by Plaintiffs Gregory Berg, Mary L Berg.) (Attachments: #1 Plaintiffs' Memorandum Regarding Subject Matter Jurisdiction) (Goff, Steven) Modified on 6/25/2020. (lak) |
|
Filing 9
** TEXT ONLY ORDER **Defendant Dorel Home Furnishings has removed this case from state court, relying on 28 U.S.C. 1332 as a basis for jurisdiction. But there are two potential problems with Dorel's reliance on 1332. First, according to Dorel, one of the other defendants--United States Centers for Medicare & Medicaid Services--is a federal agency. The presence of a federal agency "destroys complete diversity," Frey v. EPA, 270 F.3d 1129, 1137 (7th Cir. 2001), which is one of the requirements of 1332. Second, the complaint includes an unnamed insurance company, but unnamed defendants generally "are not permitted in federal diversity suits" either. Howell by Goerdt v. Tribune Entm't Co., 106 F.3d 215, 218 (7th Cir. 1997). So Dorel (or any other party who wishes to be heard on this issue) may have until June 25 to show cause why this case should not be remanded to state court. If no party responds by then, the court will remand the case. Signed by District Judge James D. Peterson on 6/18/2020. (kwf)
|
|
Filing 7
ORDER of Recusal. District Judge William M. Conley recused. Case reassigned to District Judge James D. Peterson for all further proceedings. Signed by District Judge William M. Conley on 6/17/2020. (arw)
|
| Filing 6 Corporate Disclosure Statement by Defendant Dorel Home Furnishings, Inc.. (Attachments: #1 Exhibit A - Explanation of Corporate Affiliations) (Remke, Rachel) |
| Filing 5 ANSWER with Jury Demand by Defendant Dorel Home Furnishings, Inc.. (Remke, Rachel) |
| Filing 4 Corporate Disclosure Statement by Defendant Blue Cross Blue Shield of Minnesota. (Mayer, Matthew) |
| Filing 3 Answer to Complaint (Notice of Removal), CROSSCLAIM against Dorel Home Furnishings, Inc., COUNTERCLAIM against Gregory Berg, Mary L Berg by Blue Cross Blue Shield of Minnesota. (Mayer, Matthew) Modified on 6/16/2020. (lak) |
| Filing 2 Notice of Appearance filed by Matthew Shawn Mayer for Defendant Blue Cross Blue Shield of Minnesota. (Mayer, Matthew) |
| Filing 8 Record from St. Croix County Circuit Court. (kwf) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (kwf) |
| Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of St. Croix County, case number 2020CV000135. ( Filing fee $ 400 receipt number 0758-2693989), filed by Dorel Home Furnishings, Inc., (Attachments: #1 JS-44 Civil Cover Sheet, #2 Exhibit A - State Court Summons and Complaint, #3 Exhibit B - Letter dated July 2, 2019 with Exhibit D Attached, #4 Exhibit C - Sate Court Documents) (Remke, Rachel) Modified on 6/10/2020. (lak) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
