Opinion
Civil Action 22-576-JWD-SDJ
04-21-2023
FORREST RICHARDSON v. ALBERTSONS COMPANIES INC. LOUISIANA, et al.
OPINION
JOHN W. deGRAVELLES JUDGE UNITED STATES DISTRICT COURT
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated March 31, 2023 (Doc. 16), to which no objection was filed;
IT IS ORDERED that Plaintiff's Motion to Remand (Doc. 7) and Plaintiff's Motion for Leave to Amend (Doc. 8) both are DENIED. See 28 U.S.C. § 1441(b)(1) (“In determining whether a civil action is removable on the basis of the jurisdiction under section 1332(a) of this title, the citizenship of defendants sued under fictitious names shall be disregarded.”); Weaver v. Metro. Life Ins. Co., 939 F.3d 618, 624 (5th Cir. 2019) (“We explained in the past that Congress has indicated that federal diversity jurisdiction is defeated so long as, after removal, fictitious defendants are replaced with nondiverse, named defendants.”); Wonsley v. Kroger Co. Madison, MS, 2020 WL 8922845, at *2 (S.D.Miss. May 20, 2020) (“The citizenship of parties sued under fictitious names is disregarded for the purposes of determining whether a civil action is removable on the basis of diversity jurisdiction.”).
IT IS FURTHER ORDERED that Plaintiff's Amended Complaint (Doc. 10) is STRUCK from the record by the Clerk of Court.