Austin v. Kemper Corporation
- Jon Tigar
- 4:25-cv-07367
- U.S. District Court · Northern District of California
- 2
In Austin v. Kemper Corporation, Judge Tigar closed an improperly removed case and terminated Austin’s consolidation motion as moot.
George Jarvis Austin and Kemper Corporation, including the related case captioned against Kemper Corporation (Insurance). Case No. 25-cv-07367 was closed as improperly removed, and Austin’s motion to consolidate it with Case No. 25-cv-07194 was terminated as moot.
What happened
In Austin v. Kemper Corporation, the court addressed two related cases involving George Jarvis Austin and Kemper. In the second case, the court had required Kemper to explain why removal from state court was proper or say that it no longer believed removal was proper.
Kemper stated that it no longer believed removal was proper. The court directed the clerk to close Case No. 25-cv-07367 because it had been improperly removed. In Case No. 25-cv-07194, Austin had moved to consolidate the cases.
Because Case No. 25-cv-07367 was closed, Judge Jon S. Tigar terminated Austin’s consolidation motion as moot. The order did not decide the underlying insurance dispute.
The detailed version
- Austin v. Kemper Corporation · No. 4:25-cv-07367
- Jon Tigar
- Sept. 16, 2025
Background
The order addresses two related cases involving George Jarvis Austin and Kemper. In Case No. 25-cv-07367, the court had directed Kemper Insurance Corporation to either provide legal authority supporting the conclusion that the case had been remanded and could therefore be removed to federal court, or state that it no longer believed removal was proper.
Court’s action in Case No. 25-cv-07367
Kemper responded that it no longer believed removal was proper. The court therefore directed the clerk to close Case No. 25-cv-07367 because it had been improperly removed.
Court’s action in Case No. 25-cv-07194
George Jarvis Austin had filed a motion to consolidate Case No. 25-cv-07194 with Case No. 25-cv-07367. Because the second case was closed, the court terminated Austin’s motion as moot, meaning the court no longer needed to decide it.
Disposition
Judge Jon S. Tigar ordered the clerk to close Case No. 25-cv-07367 and terminated Austin’s consolidation motion in Case No. 25-cv-07194 as moot. The order did not address the merits of the underlying insurance dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.