Brad Baryenbruch, and Dean Health Plan, Inc. v. SilencerCo, LLC, SilencerCo Weapons Research, LLC, and Granite State Insurance Company

Summary

The court addresses party alignment, diversity-of-citizenship allegations, and the parties’ stipulation regarding dismissal of certain claims in this products liability action involving an allegedly defective firearm suppressor. The court realigns Dean Health Plan, Inc. as a plaintiff and requires defendants to supplement their jurisdictional allegations by February 25, 2026. The court accepts defendants’ withdrawal of their motion to dismiss and directs plaintiff to file an amended complaint omitting counts five through seven.

Holdings

1. Dean Health Plan, Inc. was realigned as a plaintiff because it had appeared and indicated that it wanted to participate, and the Federal Rules of Civil Procedure do not permit a plaintiff unilaterally to force another party to join as an involuntary plaintiff.
2. Defendants had not adequately alleged the citizenship of the parties to establish diversity jurisdiction. They were required to provide supplemental materials establishing Baryenbruch's domicile, Granite State Insurance Company's state of incorporation and principal place of business, and the citizenship of the members of each defendant limited liability company.
3. The parties' stipulation constituted written consent to amend under Federal Rule of Civil Procedure 15(a)(1)(2), so no court order was needed to remove counts five through seven. Plaintiff was directed to file the amended complaint as a separate docket entry, and defendants' withdrawal of their motion to dismiss was accepted.

Questions Presented

1. Whether Dean Health Plan, Inc. could be treated as an involuntary plaintiff when it appeared and indicated that it wished to participate in the action.
2. Whether defendants adequately alleged the citizenship of all parties to establish diversity jurisdiction under 28 U.S.C. § 1332.
3. Whether the parties could voluntarily dismiss only counts five through seven through a stipulation and amended pleading rather than by court order.

Disposition

other