"[A]ll doubts arising from defective, ambiguous and in artful pleadings [in a removed case] should be resolved in favor of the retention of state court jurisdiction." Kuehl v. Jefferson Pilot Fin., No. 8:12CV260, 2012 WL 5463907, at *3 (D. Neb. Nov. 8, 2012), report and recommendation adopted, No. 8:12CV260, 2012 WL 5960194 (D. Neb. Nov. 28, 2012) (quoting Wilkinson, 478 F.3d at 964). DISCUSSION
At the time of removal then, there was no reasonable basis in fact or law to support a claim against Capital Electric, Inc., thus it was fraudulently joined and its citizenship—whatever that may be—cannot be used to destroy diversity. See Knudson v. Systems Painters, Inc., 634 F.3d 968, 976 (8th Cir. 2011) (observing diversity cannot be defeated by joining a defendant who has no real connection with the controversy); Kuehl v. Jefferson Pilot Fin., No. 8:12CV260, 2012 WL 5463907, at *4 (D. Neb. Nov. 8, 2012) (holding that where the plaintiff named the wrong defendant, the defendant was "erroneously joined and its citizenship cannot be relied upon to destroy diversity"). II. The Johnsons have been fraudulently joined, so their citizenship is ignored for purposes of the diversity analysis.