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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,
ARTHUR ANAYA, et al., Defendants.
MEMORANDUM OPINION AND ORDER
CHRISTINA ARMIJO, CHIEF UNITED STATES DISTRICT JUDGE.
MATTER is before the Court on Plaintiff Nevada
General Insurance Company's Motion to Dismiss the
Defendant Michelle Provencio a/k/a Michelle
Baca[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
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
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
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
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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