Opinion
00 Civ. 7919 (WK).
December 12, 2000.
Frank Prete, Jr., Harrison, NY, for Plaintiff.
Billie Jean Miller, Simmons, Jannace Stagg, LLP, The Financial Ctr., East Meadow, NY, for Defendant.
MEMORANDUM ORDER
Plaintiff John W. Lee (hereinafter, "plaintiff"), a resident of the Bronx, slipped and fell in a Kmart store in Pelham Manor, New York. He sued Kmart Corporation (hereinafter, "Kmart") in New York State Supreme Court, Bronx County. Kmart timely removed the case to this Court, claiming diversity jurisdiction because Kmart is a Michigan corporation with its principal place of business in that state. Plaintiff now moves to remand the case to state court, averring that he may add new parties once discovery pinpoints other alleged tortfeasors. For example, plaintiff alleges that independent contractors, who may reside in "where a plaintiff seeks to add parties whose presence would destroy diversity and require remand, 28 U.S.C. § 1447(e) leaves the question of whether to allow the addition to the discretion of the court." Lederman v. Marriott Corp. (E.D.N.Y. 1993) 834 F. Supp. 112, 114.
Plaintiffs did not originally bring this case as a class action. They subsequently filed an amended complaint with the proper pleadings for a such an action.
Plaintiff may continue to prosecute this case in federal court against Kmart. If plaintiff later requests to join other persons, some of whom would destroy diversity, then at that time we would in our discretion either deny joinder (and give plaintiff leave to start other litigation elsewhere) or permit joinder (and remand the instant action).
Plaintiff expresses concern that his lawyer of choice, while admitted to practice in New York state, is not a member of this Court's bar. However, his lawyer can easily request admission to the Southern District, either permanently or pro hac vice for the purpose of appearing in this action. Local Civ.R. 1.3(a), (c).
For these reasons, plaintiff's motion to remand is DENIED.
SO ORDERED.