IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION STEVEN CARRICK PLAINTIFF

v. CASE NO. 4:24-CV-00326-BSM MILE HIGH EQUIPMENT, LLC, et al. DEFENDANTS ORDER Steven Carrick’s amended complaint [Doc. No. 5] is stricken, Carrick’s motion to remand [Doc. No. 13] is denied, and Refrigeration and Electric Supply Co.’s (“R & E”) motion to dismiss Carrick’s amended complaint [Doc. No. 19] is moot. The clerk is directed to terminate R & E as a party, and Carrick’s original complaint [Doc. No. 2] is the operative complaint. Carrick sued Mile High Equipment, LLC and Ali Group North America Corporation

in state court for injuries sustained after he slipped and fell on a wet surface caused by a leaky ice machine. See Compl. at 1–7, Doc. No. 2. Mile High Equipment and Ali Group removed on the basis of diversity jurisdiction. See Notice of Removal ¶¶ 8–13, Doc. No. 1. Four days later, Carrick amended his complaint to add R & E, an Arkansas defendant. Am. Compl. at 2, Doc. No. 5. Carrick then moved for remand based on lack of complete

diversity, Doc. No. 13, and R & E moved to dismiss the amended complaint, Doc. No. 19. Carrick’s amended complaint is stricken and remand is denied because R & E is improperly joined. This is true because Carrick did not obtain leave of court to add R & E. See Coleman v. Little River Med. Ctr Inc., No. 4:20-CV-4053,

, at *1 (W.D. Ark. Mar. 29, 2021) (leave of court 1s required to amend a complaint adding diversity- destroying defendant). Moreover, the declaration of the president of the ice machine’s manufacturer states that R & E neither supplied, serviced, nor installed the ice machine at issue herein. See Declaration of Erica Motes, Doc. No. 14-2; Wilkinson v. Whirlpool Corp., No. 2:13-CV-02228,

, at *3 (W.D. Ark. Jan. 10, 2014) (courts may examine affidavits and other documents beyond the complaint when deciding fraudulent joinder claims). Carrick has provided no evidence that genuinely disputes this. Therefore, R & E is not a necessary and indispensable party. IT IS SO ORDERED this 26th day of July, 2024.

Bron 2 rn UNITED STATES DISTRICT JUDGE