Judge Harold Baer
Ordonez was hurt on July 28, 2008, after Jacksona USAA policyholdercrashed into his vehicle. Ordonez brought suit, pro se, on July 18, but properly served only USAA. He failed to serve Jackson. In the interests of justice the court provided an amended summons, naming Jackson as a defendant, on Aug. 23, 2012. Ordonez still has not served Jackson. Despite concluding that his original complaint named both USAA and Jackson, the court dismissed Ordonez’s lawsuit to the extent it named Jackson a defendant. On Dec. 11, 2012, the court informed Ordonez that he had to serve Jackson by Jan. 10, 2013. Because Ordonez has not done so, under Carl v. City of Yonkers Jackson cannot properly be considered a party. The court further granted USAA dismissal. Unincorporated association USAA has policyholders residing in New Jersey. Because USAA has members in New Jersey and Ordonez is also a citizen of New Jersey, complete diversity was lacking and could not form the basis for subject matter jurisdiction. Further, Ordonez could not invoke federal question jurisdiction. His action seeking damages based on Jackson’s negligent operation of his vehicle asserted only state tort claims, not causes of action implicating federal law.
