Swirka v. Liberty Mutual Insurance Company

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Elizabeth Swirka
v. Civil No. 18-cv-854-JD
Liberty Mutual Insurance
Company
O R D E R
Liberty Mutual Insurance Company moves, with Elizabeth
Swirka’s assent, to amend its notice of removal to show that
subject matter jurisdiction is based on diversity of citizenship
under 28 U.S.C. § 1332. In support, Liberty Mutual represents
that the notice it filed had a “typographical error” in the
first line that cited 28 U.S.C. § 1331 as the basis for subject
matter jurisdiction, when it should have cited § 1332. In
addition, Liberty Mutual states that the notice refers to the
District of Massachusetts in paragraph 14, when the correct
district is the District of New Hampshire. Because of those
errors, Liberty seeks leave to amend the notice of removal,
without changing the date of removal. Swirka assents to the
motion.
In this district, “[a] party who moves to amend a filing
shall (i) attach the proposed amended filing to the motion to
amend.” LR 15.1(a). Liberty Mutual attached a copy of the
original notice of removal, which includes the original
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docketing notations at the top of each page, with handwritten
corrections inserted. Presumably, Liberty Mutual does not
intend to file that version of the amended notice of appeal.
Therefore, it appears that Liberty Mutual did not attach the
proposed amended filing as is required under Local Rule 15.1(a).
Conclusion
For the foregoing reasons, the assented-to motion to amend
the notice of removal (document no. 15) is denied without
prejudice to filing a motion to amend that complies with Local
Rule 15.1(a).
SO ORDERED.
__________________________
Joseph A. DiClerico, Jr.
United States District Judge
November 29, 2018
cc: Nancy Richards-Stower, Esq.
Danielle Y. Vanderzanden, Esq.
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