Flores, Valerie v. Progressive Insurance
3:23-cv-00398
W.D. Wis.Oct 2, 2023Background
- Pro se plaintiff Valerie L. Flores sued multiple defendants alleging misrepresentation in the purchase of a recreational vehicle. Defendants named include Summit Credit Union, Progressive Insurance, Sams RV, Jayco, Camping World/Good Sam, Mason Motors, Arizona DMV, and individuals.
- The case was brought in the Western District of Wisconsin; plaintiff seeks relief including preliminary injunctive relief.
- The court found a potential subject-matter jurisdiction problem under 28 U.S.C. § 1332 because Flores and Summit Credit Union are alleged Wisconsin citizens, which defeats complete diversity.
- The court noted Flores has a New York mailing address and previously has alleged New York citizenship in other cases, so it allowed her to amend to clarify domicile.
- Flores’s motion to add defendants was denied as moot; her motions for preliminary injunctive relief were denied without prejudice because jurisdiction was unresolved.
- The court dismissed the complaint for lack of subject-matter jurisdiction but granted leave to file an amended complaint on a court form by November 2, with instructions on naming defendants, specifying actions by each, limiting supplemental pages, and warning about sanctions and address updates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction (diversity) | Flores alleges diversity jurisdiction based on citizenship claims in her complaint. | Defendants implicit: lack of complete diversity because both Flores and Summit Credit Union are alleged Wisconsin citizens. | Complaint dismissed for lack of complete diversity; plaintiff may amend to clarify domicile. |
| Motion to add defendants | Flores seeks to add new defendants and allegations. | Not addressed substantively because jurisdiction unresolved. | Motion denied as moot; plaintiff may include new defendants in amended complaint. |
| Preliminary injunctive relief | Flores moved for injunctive relief related to her underlying dispute. | Defendants implicitly challenge jurisdictional basis; court cannot reach merits without jurisdiction. | Motions denied without prejudice for lack of jurisdiction; may renew after filing amended complaint. |
| Pleading/form defects and specificity | Flores’s initial complaint mixed allegations and defendants without adequate specificity. | Defendants not required to respond until proper pleading; court requires clearer allegations. | Court required amended complaint on nonprisoner form, with specific instructions to identify each defendant’s acts, limit supplements, and omit extended legal argument. |
Key Cases Cited
- Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365 (1978) (complete diversity of citizenship required for § 1332 diversity jurisdiction)
- Denlinger v. Brennan, 87 F.3d 214 (7th Cir. 1996) (domicile for diversity purposes is where a person is physically present with intent to remain)
