Dow v. Poltzer

DECISION AND ORDER ON MOTION TO DISMISS CERTAIN CLAIMS AND REQUEST TO REMAND

CALLAHAN, United States Magistrate Judge.

I. BACKGROUND

This action was originally filed by the plaintiffs, Kelman and Kirsten Dow (“the Dows”), in the Waukesha County Circuit Court. On September 1, 2004, the defendants, David and Patty Poltzer (“the Polt-zers”), removed the action to this court based on diversity of the parties. Thereafter, State Farm Fire and Casualty Company (“State Farm”) moved the court for an order allowing it to intervene because the scope of its obligations to the Poltzers under a home owner’s…