Adams v. Archer W. Contractors, LLC

SARAH S. VANCE

Before the Court is plaintiff Agnelia Adams' motion to remand. For the following reasons, Adams' motion is GRANTED.

Adams, a Louisiana resident, filed this negligence action in Louisiana state court against Archer Western Contractors, LLC ("Archer") and the City of New Orleans ("City"). Archer, a foreign corporation, removed the suit to federal court on grounds of diversity jurisdiction. See 28 U.S.C. § 1332. Although the City is a local entity, thereby destroying complete diversity, Archer contended that Adams failed to state a cause of action against the City and, therefore, that the City was improperly joined.

After Archer removed the suit to this Court, Adams filed a motion for leave to file a second supplemental and amending petition for damages. The Court granted the motion. Adams' second supplemental and amending petition for damages joins several Louisiana corporations as additional defendants. As Archer acknowledges, joinder of these parties destroys diversity and divests this Court of subject matter jurisdiction over the action. See Cobb v. Delta Exports, Inc., 186 F.3d 675, 677 (5th Cir. 1999) ("post-removal joinder of non-diverse defendants . . . destroys diversity for jurisdictional purposes and requires remand").

Accordingly,

IT IS ORDERED that Adams' motion to remand is GRANTED.

New Orleans, Louisiana, this 1st day of November, 2013.

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SARAH S. VANCE

UNITED STATES DISTRICT JUDGE