United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER 
I. SCHENKIER UNITED STATES MAGISTRATE JUDGE
Kecia Porter, filed a pro se complaint in the
Circuit Court of Cook County, Illinois, County Department Law
Division, entitled Kecia Porter v. USAA Casualty
Insurance Co. (doc. #1-1; Compl.). Defendant, USAA
Casualty Insurance Co. ("USAA CIC"), removed the
case to this Court on the basis of diversity of citizenship
(doc. # 1; Removal). Plaintiff has moved to remand the case
to State court (doc. # 24: Remand Motion; doc. # 43: Second
Remand Motion), claiming a lack of diversity. For the reasons
that follow, we deny plaintiff's motions to remand.
Porter filed her Complaint on December 28, 2018, naming only
USAA CIC as defendant on the caption of the Complaint; the
caption stated that USAA CIC was the "Defendant" in
the singular form; and the body of the Complaint referred
variously to "Defendant USAA,"
"Defendant" or "USAA" (Compl). On April
12, 2019 plaintiff filed her Amended Complaint (doc. #1-1;
Am. Compl.; doc. # 28-4: Cook County Docket Report at 4). The
Amended Complaint consolidated with the Complaint and added
the words "United Services Automobile Asso." to the
caption, which identified the defendant as:
United Services Automobile Asso. USAA Casualty Insurance co.
(Am. Compl.). The Amended Complaint continued to address the
opposing party as "Defendant" in the singular form
10, 2019, the Department of Insurance of Illinois, USAA
CIC's registered agent, received a copy of the Alias
Summons, the Complaint and the Amended Complaint (Removal
¶ 4; doc. #1-1 Alias Summons, Compl., Am. Compl.). On
May 16, 2019, USAA CIC's registered agent sent a copy of
the Alias Summons, Complaint and the Amended Complaint to
USAA CIC's offices (Removal, ¶ 5; doc. # 1-1 May 16,
11, 2019, USAA CIC filed its Notice of Removal with this
Court pursuant to 28 U.S.C. §§ 1332, 1441(a) and
1446 on the basis of diversity of citizenship (Removal). On
June 21, 2019, plaintiff filed her opposition to the Notice
of Removal, claiming no diversity of citizenship on the basis
that "USAA" is a reciprocal insurance exchange with
subscribers or members in all 50 states (doc. # 9: Removal
Opposition). USAA CIC filed its amended response to Ms.
Porter's opposition to removal on June 25, 2019 stating
that the Complaint was only filed against defendant USAA CIC,
a Texas corporation, that "issued a policy that may be
the basis of this suit" (doc. # 11: Response to Removal
Opposition ¶¶ 10-12).
September 4, 2019 Ms. Porter filed a Motion to Remand (doc. #
24: Remand Motion) and memorandum in support (doc. # 26:
PL's Remand Memo.). USAA CIC filed a response to the
Remand Motion on September 12, 2019 (doc. # 28: Resp. Br.).
Thereafter, Ms. Porter was granted leave to file a second
amended complaint ("SAC") (doc. # 34:10/22/19
Order) which she filed on October 15, 2019 (doc. # 35: SAC).
The caption of the SAC reads as follows:
Kecia Porter, Plaintiff v.
USAA Casualty Insurance Co.
(United Services Automobile Asso.) Defendant
Neither the motion for leave to amend nor the body of the SAC
state that Ms. Porter was adding United Services Automobile
Asso. as a defendant or suing it in place of USAA CIC. The
SAC continues to address the opposing party as
"Defendant" in the singular form (Id.).
USAA CIC filed its answer and affirmative defenses to the SAC
on November 8, 2019 (doc. # 37: Answer). Ms. Porter filed her