McLaughlin v. Progress Rail Services Corp. et al
MEMORANDUM AND ORDER, granting #4 MOTION to Dismiss filed by Rick Harris and directs the Clerk of Court to enter judgment accordingly at the close of the case. Signed by Judge J. Phil Gilbert on 7/1/2014. (jdh)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case No. 14-cv-456-JPG-SCW
PROGRESS RAIL SERVICES CORP. and
MEMORANDUM AND ORDER
This matter comes before the Court on defendant Rick Harris’ motion to dismiss the
retaliatory discharge claim against him based on Buckner v. Atlantic Plant Maintenance, Inc., 694
N.E.2d 565, 570 (Ill. 1998), which held that the only proper defendant in an Illinois retaliatory
discharge claim is the plaintiff’s former employer, not his former supervisor (Doc. 4). Plaintiff
Charles McLaughlin has responded that he does not object to dismissal of Harris based on Buckner
(Doc. 8). Accordingly, the Court GRANTS Harris’ motion to dismiss, DISMISSES with
prejudice McLaughlin’s retaliatory discharge claim against Harris and DIRECTS the Clerk of
Court to enter judgment accordingly at the close of the case.
The Court further finds that Harris was fraudulently joined in this action because there is no
possibility that McLaughlin could state a cause of action against him. See Gottlieb v. Westin
Hotel Co., 990 F.2d 323, 327 (7th Cir. 1993). Accordingly, his citizenship, which is the same as
McLaughlin’s, will be disregarded in determining whether diversity jurisdiction exists under 28
U.S.C. § 1332(a). See id. Because McLaughlin and defendant Progress Rail Services Corp. are
completely diverse and the amount in controversy exceeds $75,000, excluding interest and costs,
the Court has diversity jurisdiction to hear this case.
IT IS SO ORDERED.
DATED: July 1, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
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