History
  • No items yet
midpage
Flores, Valerie v. Progressive Insurance
3:23-cv-00398
W.D. Wis.
Oct 2, 2023
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Flores, Valerie v. Progressive Insurance
Court Name: District Court, W.D. Wisconsin
Date Published: Oct 2, 2023
Citation: 3:23-cv-00398
Docket Number: 3:23-cv-00398
Court Abbreviation: W.D. Wis.