F. THOMAS PORTEOUS, JR., United States District Judge:
The defendant, United Services Automobile Association ("USAA"), filed a Motion to Dismiss which came before the Court for hearing on September 13, 2000. Oral argument was waived by the parties and the matter was taken under submission on the briefs only. The Court, having considered the record, the evidence submitted, the failure of plaintiffs to file an opposition to said motion, the law and applicable jurisprudence, is fully advised in the premises and ready to rule.
F. THOMAS PORTEOUS, JR., United States District Judge:
ORDER AND REASONS
Plaintiffs filed this suit after sustaining personal injuries in an automobile accident. The matter was filed in federal court with jurisdiction based upon diversity of citizenship between the plaintiffs and named defendants. USAA is the uninsured/underinsured motorist insurance and medical payments carrier for the plaintiff, Chris Norton. USAA has filed this motion contending that complete diversity does not exist as required by 28 U.S.C. § 1332 (a).
Section 1332(a) provides:
The District Courts shall have original jurisdiction of all civil actions when the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs and is between-(1) citizens of different States;
28 U.S.C. § 1332 (a). As such, if the plaintiffs share a common state of residence with any defendant, this Court lacks subject matter jurisdiction.
The plaintiffs are citizens and residents of North Carolina while the named defendants are citizens and residents of Louisiana, Kentucky, Minnesota, and Florida. Specifically as to USAA, the Complaint alleges that it is "a Florida insurance company." Thus, it is apparent that plaintiffs consider USAA to be a corporation with citizenship diverse from the plaintiffs. The evidence submitted however shows that USAA is not a corporation but instead an unincorporated association, or otherwise referred to as a reciprocal insurance exchange, organized under the laws of Texas.
The United States Fifth Circuit Court of Appeals has determined that "an unincorporated association is considered to have the citizenship of its members." Royal Insurance Company of America v. Quinn-L Capital Corporation, 3 F.3d 877, 882 (5th Cir. 1993), see also Carden v. Arkoma Associates 494 U.S. 185, 195-196, 110 S.Ct. 1015, 1021, 108 L.Ed.2d 157 (1990). USAA has members residing in all fifty states and a very large number of members who reside in North Carolina, Louisiana, Kentucky, Minnesota, and Florida, which are the states that the parties to this suit allegedly reside. Therefore, it is the finding of this Court that USAA is a citizen of North Carolina, as it has members who reside there, and that plaintiffs are citizens and residents of North Carolina, such that this suit lacks complete diversity and a dismissal of the action is required.
Accordingly,
IT IS ORDERED that the Motion to Dismiss filed on behalf of defendant, United Services Automobile Association, be and the same is hereby GRANTED.
IT IS FURTHER ORDERED that plaintiffs' complaint is hereby DISMISSED WITHOUT PREJUDICE in its entirety.