Kohrs v. Smith's Food & Drug Centers, Inc.

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA LAURA KORRS, 4 Case No. 2:24-cv-02244-JAD-NJK Plaintiff, 5 Order v. 6 [Docket No. 18] SMITH’S FOOD & DRUG CENTERS, INC., Defendant.

9 Pending before the Court is Plaintiff's motion for leave to amend her complaint. Docket 10] No. 18. Defendant filed a response. Docket No. 21. Plaintiff filed a reply. Docket No. 22. The 11] motion is properly resolved without a hearing. See Local Rule 78-1.

12 Plaintiff sues Defendant for personal injuries, alleging that she was injured when she 13] tripped and fell in Defendant’s parking lot. Docket No. 18 at 2. Originally filed in state court, the case was removed to federal court based on diversity jurisdiction. Docket No. 1 at 1. Plaintiff 15] seeks to amend the complaint to name Jason Sonnenburg, Phillis Salazar, and Kim Doe as the 16] employees “responsible for maintaining the lighting and pavement of the subject parking lot.”

17] Docket No. 18 at 2. Such amendment would destroy the diversity jurisdiction of this Court. See 18] Docket No. 18-1 at 3.

19 When a plaintiff seeks post-removal to add a non-diverse defendant, the proper analysis is not under Fed. R. Civ. P. 15(a), but under Fed. R. Civ. P. 19, 20 and 28 U.S.C. 1447(e). Newcombe 21|| v. Adolf Coors Co., 157 F.3d 686, 689 (9th Cir. 1998). Plaintiff does not supply this Court with 22\| an analysis under these applicable standards. See Docket No. 18.

23 Accordingly, the Court DENIES Plaintiff's motion for leave to amend her complaint 24|| without prejudice. Docket No. 18.

25 IT IS SO ORDERED.

26 Dated: June 9, 2025 27 Z : Nancy. Koppe 28 United States Magistrate Judge