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Acceptance Indem. Ins. Co. v. Crammer OConner Fiber Genesis

LLC's Citizenship Inadequately Alleged for Diversity Jurisdiction Purposes

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MEMORANDUM & ORDER Plaintiff, an insurance company, filed this lawsuit seeking a declaratory judgment that it has no duty to defend or indemnify Defendant in tort litigation pending in Vermont state court. ECF No. 1 2. Defendant failed to timely respond to Plaintiff’s complaint, and the Clerk of Court entered Defendant’s default pursuant to Rule 55(a). ECF No. 9. Plaintiff has now moved for a default judgment. ECF No. 10. The Court denies Plaintiff’s motion and dismisses Plaintiff’s complaint without prejudice — but without leave to amend — for lack of subject matter jurisdiction. As further explained below, Plaintiff has failed adequately to allege Defendant’s state(s) of citizenship and therefore has failed to establish that the Court may exercise diversity jurisdiction over Plaintiff’s claims. PROCEDURAL HISTORY Defendant allegedly worked on a project to install fiber optic cables near a farm in Vermont. ECF No. 1

11-12. After that project, Plaintiff received notice that the owners of the farm, who are not parties to this lawsuit, intended to commence litigation against Defendant related to damage done by “lashing wire” that Defendant allegedly left behind. Id. 12. Defendant allegedly refused to cooperate with Plaintiff’s attempt to investigate those claims. Id.

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