Opinion
1:23CV17-GHD-DAS
05-09-2023
PENNY HORNE PLAINTIFF v. XL INSURANCE AMERICA INC.; EMPLOYBRIDGE HOLDING COMPANY; MTD PRODUCTS COMPANY; VALERIE BELOW AND JOHN DOES A-Z DEFENDANTS
ORDER
Pursuant to an opinion issued this day, it is hereby ORDERED that:
(1) The Defendant MTD Products Company's Motion to Dismiss [13] is GRANTED;
(2) The Defendant Valerie Below's Motion to Dismiss [15] is GRANTED;
(3) The Plaintiff Penny Horne's claims against Defendants MTD Products Company and Valerie Below are DISMISSED;
(4) The Plaintiff Penny Horne's Motion to Remand to State Court [26] is DENIED; and
(5) The Court maintains diversity jurisdiction over this matter and Plaintiffs claims against XL Insurance America, Inc. and EmployBridge Holding Company remain.
SO ORDERED.