Hartford Fire Insurance v. Kinston Plumbing & Heating Co.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the undersigned on motion of the defendant Firemen’s Insurance Company (Firemen’s) to dismiss. The plaintiff brought the action for declaratory judgment pursuant to 28 U.S.C. §§ 2201, 2202 and 1332. Firemen’s asserts that the Court should dismiss the case pursuant to its discretionary power under 28 U.S.C. § 2201, and that the Court lacks diversity jurisdiction under 28 U.S.C. § 1332 because the parties are improperly aligned.

At the outset, the Court finds that the plaintiff has claims against each named defendant in this…