Leonard Stallone v. Home Depot U.S.A.

Summary

The court grants Plaintiff Leonard Stallone’s motion to join Peggy Van De Wettering as a defendant under 28 U.S.C. § 1447(e). Because Van De Wettering is a New York citizen and her joinder destroys complete diversity, the court remands the negligence action to the Supreme Court of the State of New York, Suffolk County.

Holdings

1. Van De Wettering was a citizen of New York because the stipulated facts concerning her New York residence, voter registration, and other known facts established her domicile in New York.
2. Joinder was proper under Rule 20 because the claims against Van De Wettering and Home Depot arose from the same occurrence and involved common questions of law or fact.
3. Joinder was consistent with fundamental fairness because the delay was attributable to Home Depot's erroneous identification of the relevant entity, Home Depot would not be prejudiced, denial would risk duplicative litigation, and there was no evidence of an improper motive to destroy diversity.
4. The action had to be remanded because joinder of Van De Wettering destroyed complete diversity between Stallone and the defendants.

Questions Presented

1. Whether Peggy Van De Wettering could be joined as a defendant under Federal Rule of Civil Procedure 20 and 28 U.S.C. § 1447(e).
2. Whether joinder of Van De Wettering would destroy complete diversity of citizenship.
3. Whether joinder was consistent with fundamental fairness under the factors applied in the Second Circuit.
4. Whether the action should be remanded to state court after joinder of the nondiverse defendant.

Disposition

remanded