Gillion v. Hamrick

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION

DELOICE GILLION PLAINTIFF Vv. No. 3:19-cv-234-DPM

ROBERT L. HAMRICK;

CELADON TRUCKING

SERVICES, INC.; and

ANNIE ROSS DEFENDANTS ORDER

The Court appreciates Gillion’s brief on the amendment/remand issue, Doc. 31. Defendants have not weighed in. The Court takes their silence as recognition that joinder of Ross is proper in the circumstances and that remand is required. Because of the jurisdictional cloud over this Court’s summons to her, the motion for default judgment against Ross, Doc. 26, is denied. She must be served again with process from the state court. After reconsideration, the Court permits the joinder of Annie Ross as a defendant. FED. R. Civ. P. 20(a)(2); Bailey v. Bayer CropScience L.P., 563 F.3d 302, 309 (8th Cir. 2009). Gillion’s amended complaint is deemed filed as of today. Ross’s presence destroys complete diversity and thus eliminates this Court’s subject matter jurisdiction. This case is therefore remanded to the Circuit Court of Crittenden County, Arkansas. 28 U.S.C. § 1447(e).

So Ordered.

NPnandell

D.P. Marshall Jr.

United States District Judge Amal 2021