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Nevada General Insurance Co. v. Anaya

United States District Court, D. New Mexico

November 30, 2017

NEVADA GENERAL INSURANCE CO., Plaintiff,
v.
ARTHUR ANAYA, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          M. CHRISTINA ARMIJO, CHIEF UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on Plaintiff Nevada General Insurance Company's Motion to Dismiss the Defendant Michelle Provencio a/k/a Michelle Baca[1][Doc. 63]. None of the defendants responded to Plaintiff's Motion. The Court has considered the parties' submissions and the relevant law, and is otherwise fully informed. For the following reasons, the Court GRANTS Plaintiff's Motion.

         I. Background

         Plaintiff alleges the following facts in its First Amended Complaint. [Doc. 7]

20. Upon information and belief, on or about, August 25, 2014, Defendant Daniel Romero beat his girlfriend, Defendant Michelle Provencio, and then he kidnapped her using a 2000 Chevrolet Malibu.
21. The 2000 Chevrolet Malibu was owned by Defendant Abelino Romero and insured through Plaintiff Nevada General, policy number 0295010 (hereafter “The Policy”). Certified copy of that policy booklet attached hereto as “Exhibit. A”.
22. Upon information and belief, Defendant Daniel Romero was using the 2000 Chevrolet Malibu without the permission of Defendant Abelino Romero.
23. Upon information and belief, Defendant Michelle Provencio was able to send a text message to a family member regarding her situation, and that family member was then able to contact the Defendant Albuquerque Police Department (APD) with a description of the 2000 Chevrolet Malibu.
24. Upon information and belief, Defendant Daniel Romero was driving the 2000 Chevrolet Malibu at a high rate of speed while evading APD officers.
25. Defendant Daniel Romero was driving westbound on Avenida de Ceaser Chavez when a spike belt was placed in Defendant Daniel Romero's path by an APD officer.
26. Defendant Daniel Romero swerved around the spike belt, and lost control of the 2000 Chevrolet Malibu crossing into the eastbound lanes of Avenida de Ceaser Chavez.
27. Defendant Daniel Romero struck multiple cars in the eastbound lanes of Avenida de Ceaser Chavez, ultimately causing a five-car collision (hereafter “The Incident”).

[Doc. 7]

         The circumstances leading to the present Motion are set out in this Court's order entered on August 7, 2017 [Doc. 60]. In sum, the Court found that it did “not have sufficient evidence from which to determine that there is complete diversity between Plaintiff and Defendants, as is required for subject matter jurisdiction over this matter” because it was unclear from Plaintiff's filings whether Defendant Provencio was a citizen of New Mexico. [Doc. 60] The Court therefore ordered Plaintiff to “show cause in writing . . . why this matter should not be dismissed for lack of subject matter jurisdiction.” [Doc. 60] In response, Plaintiff filed the present Motion, stating ...


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