Rajnee Huber and Thomas Huber v. Progressive Insurance Company

Summary

The court quashes an order to show cause after plaintiffs’ counsel explained the failure to timely file Rule 7.1 citizenship disclosures and plaintiffs subsequently filed the required notices. The court concludes that the record establishes a prima facie basis for diversity jurisdiction despite inaccuracies in the amended notice of removal.

Holdings

1. The order to show cause was quashed because the Court accepted counsel's explanation for the missed deadline and Plaintiffs subsequently obtained federal counsel and promptly filed the required Rule 7.1 notices.
2. The amended notice of removal and the record established a prima facie case of diversity jurisdiction because the Rule 7.1 notices identified Rajnee Huber as a Nevada citizen, Thomas Huber as a New Mexico citizen, and Progressive as a citizen of Ohio and Delaware.

Questions Presented

1. Whether the order to show cause should be quashed after Plaintiffs failed to timely file the required Rule 7.1 citizenship notices.
2. Whether the amended notice of removal and other record evidence established diversity jurisdiction despite an incorrect allegation concerning Plaintiffs' citizenship.

Disposition

quashed