Pitts v. Progressive Michigan Insurance Company

Summary

The United States District Court for the Eastern District of Michigan dismissed Andrew Lamar Pitts’s diversity action against Progressive Michigan Insurance Company without prejudice. The dismissal was based on failure to prosecute, failure to comply with court orders requiring a signed amended complaint and complete in forma pauperis application, and unresolved subject-matter jurisdiction deficiencies.

Holdings

1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) and Eastern District of Michigan Local Rule 41.2 when a plaintiff, after adequate notice and repeated warnings, fails to comply with court orders and fails to prosecute the action.
2. A complaint invoking diversity jurisdiction must properly allege the defendant's citizenship, including the corporation's state of incorporation and principal place of business; failure to do so leaves subject matter jurisdiction inadequately established.

Questions Presented

1. Whether dismissal without prejudice was warranted under Federal Rule of Civil Procedure 41(b) and Eastern District of Michigan Local Rule 41.2 because plaintiff failed to prosecute and failed to comply with court orders.
2. Whether the action should be dismissed because the complaint did not adequately establish subject matter jurisdiction based on diversity of citizenship.

Disposition

dismissed