Opinion
Civil Action 20-00649-BAJ-EWD
02-23-2022
GAZI SOMAN v. TARGET CORPORATION OF MINNESOTA, ET AL.
RULING AND ORDER
BRIAN A. JACKSON UNITED STATES DISTRICT COURT JUDGE
This is a slip-and-fall case. Plaintiff filed his original Petition For Damages on June 5, 2020, in the Nineteenth Judicial District Court for the Parish of East Baton Rouge, Louisiana. (Doc. 1-6). On September 29, 2020, Defendants Target Corporation of Minnesota (“Target”) and Target Store Director David Lynch removed Plaintiff's action to this District, invoking the Court's diversity jurisdiction. (Doc. 1). Relevant here, Defendants' removal papers alleged that diversity jurisdiction is established despite Plaintiff and Mr. Lynch each being Louisiana citizens because Plaintiff has “no arguable claims against [Mr. Lynch], ” and therefore Mr. Lynch is improperly joined and his citizenship must be disregarded for purposes of the diversity analysis. (See Doc. 1 at ¶¶ 18-20).
Presently before the Court is Plaintiff's opposed Motion For Remand (Doc. 11), seeking remand to state court on the basis that Mr. Lynch is a proper party to this action, thus destroying diversity. The Magistrate Judge has issued a Report and Recommendation (Doc. 14), recommending that Plaintiff's Motion be denied because Defendants have met their burden of establishing that Mr. Lynch was improperly joined, and therefore his citizenship should be disregarded. In sum, the Magistrate Judge concludes:
The vague allegations in the Petition as to Lynch are insufficient to state a claim against him. Even if the Petition did state a claim, Removing Defendants have presented discrete, undisputed facts to establish that Lynch was not present when Plaintiff's accident allegedly occurred, such that he could not have been aware of, nor created, the hazardous condition about which Plaintiff complains. Accordingly, the Motion to Remand should be denied, and Plaintiff's claim against Lynch dismissed without prejudice.(Doc. 14 at p. 11). There are no objections to the Magistrate Judge's Report and Recommendation.
Having carefully considered Defendants' removal papers, Plaintiff's Motion, and related filings, and in the absence of any objection from Plaintiff, the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 14), and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Plaintiff's Motion For Remand (Doc. 3) be and is hereby DENIED.
IT IS FURTHER ORDERED that Plaintiff's claims against Defendant David Lynch be and are hereby DISMISSED WITHOUT PREJUDICE, and that Mr. Lynch be and is hereby DISMISSED from this action.
IT IS FURTHER ORDERED that this matter be and is hereby referred back to the Magistrate Judge for entry of a scheduling order as to Plaintiff's remaining claims against Defendants Target Corporation of Minnesota and ABC Insurance Company.