Harlan v. Johnson & Johnson et al

Filing 16

MEMORANDUM AND ORDER, The Court ORDERS the plaintiff to respond on or before May 22, 2015, to the arguments made in the notice of removal regarding the fraudulent joinder theory. Signed by Judge J. Phil Gilbert on 4/28/2015. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JUDYTH HARLAN

)
)
Plaintiff,
)
)
v.
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)
JOHNSON & JOHNSON, JOHNSON & JOHNSON )
CONSUMER COMPANIES, INC., IMERYS TALC )
AMERICA, INC., PERSONAL CARE PRODUCTS )
COUNCIL, and WALGREEN CO.
)
)
Defendants.
)
)

Case No. 3:15-cv-418-JPG-SCW

MEMORANDUM AND ORDER
In light of Seventh Circuit Court of Appeals admonitions, see Foster v. Hill, 497 F.3d
695, 696-97 (7th Cir. 2007), the Court has undertaken a rigorous initial review of pleadings to
ensure that jurisdiction has been properly pled. See Hertz Corp. v. Friend, 559 U.S. 77, 94
(2010) (noting courts’ “independent obligation to determine whether subject-matter jurisdiction
exists, even when no party challenges it”). The Court has noted a potentially serious
jurisdictional issue. It appears on the face of the pleadings that federal diversity jurisdiction
under 28 U.S.C. § 1332(a) does not exist. Diversity jurisdiction requires that the opposing
parties not be citizens of the same state. Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806).
However, complete diversity does not exist in this case; plaintiff Judyth Harland and defendant
Walgreen Co. are both citizens of Illinois
Defendants Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc. (the
“J&J Defendants”) ask the Court to disregard the citizenship of defendant Walgreen Co. because
it is fraudulently joined as a defendant. Before deciding whether the Court has diversity

jurisdiction by virtue of this theory, the Court would like to hear from the plaintiff.
Accordingly, the Court ORDERS the plaintiff to respond on or before May 22, 2015, to
the arguments made in the notice of removal regarding the fraudulent joinder theory. The J&J
Defendants and defendant Imerys Talc America, Inc. may reply to that response on or before
June 5, 2015. No brief shall exceed ten pages.
IT IS SO ORDERED.
DATED: April 28, 2015.
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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