MEMORANDUM DECISION AND ORDER On February 14, 2020, three vehicles were involved in a chain reaction traffic accident. On February 5, 2021, the plaintiff — an insurer for one of the companies whose vehicle was involved — sought declaratory judgment against all of the parties connected to the accident, including TQ Logistics, Penske Truck Leasing, and Raymond Roemer, as well as additional unnamed insurers, to declare its rights and obligations under its own insurance policy. Before the Court is TQ Logistics, Penske Truck Leasing, and Raymond Roemer’s motion to dismiss the complaint against them for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. For the reasons that follow, their motion is granted. BACKGROUND1 On February 14, 2020, three vehicles were involved a chain reaction traffic accident: a 2005 Freightliner box truck operated by Jose Calderon (ECF No. 1 5), registered to JSG Transport, LLC (id. 6), and leased to Elantra Logistics, Inc. (id. 3), whose president is Andrew Feinman (id. 4) (collectively the “Box Truck defendants”); a 2009 Toyota Sienna van driven by and registered to Jenchi Ku (id. 8), whose passenger was Pai Ling Chen (id. 7) (collectively the “Van defendants”); and a 2014 Freightliner tractor operated by Raymond Roemer (id. 11), registered to Penske Truck Leasing Co., LP (id. 10), to which TQ Logistics “provided trucking services” (id. 9) (collectively the “Tractor defendants”). At the time, the plaintiff provided commercial motor vehicle insurance for Elantra, one of the Box Truck defendants. (Id.
19-34.) On July 7, 2020, the claim administrator for one of the Tractor defendants, TQ Logistics, issued a subrogation demand to the plaintiff, advising that it considered the plaintiff’s insured, Elantra, liable. (Id. 9; ECF No. 54-2.) On July 10, 2020, the plaintiff denied the administrator’s demand. (ECF No. 54-3.) On October 7, 2020, one of the Van defendants, Ku, sued two of the Tractor defendants — Raymond Roemer and Penske Truck Leasing — as well as two of the Box Truck defendants — Jose Calderon and JSG Transport — in New York Supreme Court. (ECF No. 1 70.) On December 30, 2020, Ku, Roemer and Penske agreed to a stipulation of discontinuance (ECF No. 52-5), and Ku filed an amended complaint that raised claims only against the Box Truck defendants. (ECF No. 52-4.) On February 5, 2021, the plaintiff filed this action, seeking declaratory judgment against the Box Truck defendants, the Van defendants and the Tractor defendants, as well as additional unnamed insurers whose policies “may” cover the accident. (ECF No. 1 12.)2 The plaintiff asks the Court to declare, among other things, that its insurance policy does not cover the Box Truck defendants or “any other individual/entity” for claims arising out of the accident (id.
