Opinion
MDL 2741 16-md-02741-VC
09-23-2021
IN RE ROUNDUP PRODUCTS LIABILITY LITIGATION This document relates to Carson v. Monsanto Company et al., 3:20-cv-06238
PRETRIAL ORDER NO. 248: DENYING MOTION TO REMAND IN LIGHT OF FRAUDULENT JOINDER
RE: DKT. NO. 11880
VINCE CHHABRIA, UNITED STATES DISTRICT JUDGE
Carson's motion to remand is denied because all the non-diverse defendants in this suit were fraudulently joined.
1. Wilbur-Ellis Nutrition and Wilbur-Ellis Company were fraudulently joined for the reasons set out in Amended Pretrial Order No. 244, In re: Roundup Products Liability Litigation, No. 16-md-2741, 2021 WL 4186714 (N.D. Cal. Sept. 15, 2021).
2. Carson cannot defeat diversity using Doe defendants. In determining whether an action is diverse for the purposes of diversity jurisdiction, “the citizenship of defendants sued under fictitious names shall be disregarded.” 28 U.S.C. § 1441(b)(1); see Bryant v. Ford Motor Co., 886 F.2d 1526, 1528 (9th Cir. 1989).
IT IS SO ORDERED.