KEENE v. AUTO OWNERS INS. CO.

No. Civ.A. 99-0875-RV-S.

78 F.Supp.2d 1270 (1999)

Robert KEENE and Lynette Keene, Plaintiffs, v. AUTO OWNERS INSURANCE COMPANY and Cole-Farley & Associates, Inc., f/k/a The McDaniel Company, Defendants.

United States District Court, S.D. Alabama, Southern Division.

November 17, 1999.


Attorney(s) appearing for the Case

Jmes G. Curenton, Jr., Fairhope, AL, for Plaintiff.

Forrest S. Latta, W. Perry Hall, Pierce, Ledyard, Latta & Wasden, Mobile, AL, for Auto Owners Ins. Co.

Rebecca D. Parks, Benjamin T. Rowe, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, for Cole-Farley & Assoc.


ORDER

VOLLMER, District Judge.

This matter comes before the court sua sponte for a determination of whether the supplemental jurisdiction statute, 28 U.S.C. § 1367, permits a defendant to remove an otherwise unremovable action for consolidation with a related action pending in federal court. After careful consideration, the court concludes that section 1367 does not create original jurisdiction over a separate but related state action...

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