Kiefer v. Mainstream Holdings, Inc. et al

Filing 20

MEMORANDUM AND ORDER, The Court DISCHARGES its November 7, 2017, order to show cause (Doc. 11). The Court disregards the citizenship of Cabela's Retail IL, Inc. for purposes of determining diversity jurisdiction and DISMISSES it from this case w ithout prejudice. The Court GRANTS Kiefer's motion to amend his pleading to substitute Cabela's Wholesale, Inc. as a defendant (Doc. 13 ). He shall have seven days to electronically file his amended pleading. Signed by Judge J. Phil Gilbert on 12/5/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOSHUA KIEFER,
Plaintiff,
v.

Case No. 17-cv-1196-JPG-RJD

MAINSTREAM HOLDINGS, INC.,
PREMIER OUTDOOR EQUIPMENT d/b/a
Big Game Treestands, GLOBAL
MANUFACTURING, LLC, and CABELA’S
RETAIL IL, INC.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court following its November 7, 2017, order for plaintiff
Joshua Kiefer to show cause why the Court should not find that defendant Cabela’s Retail IL,
Inc. has been fraudulently joined in this case, disregard its Illinois citizenship (which it shares
with Kiefer), dismiss it from this case, and continue to exercise diversity subject matter
jurisdiction in this matter (Doc. 11). Kiefer has responded to the order to show cause by asking
the Court to allow him to voluntarily dismiss Cabela’s Retail IL, Inc. without prejudice and to
file an amended pleading substituting Cabela’s Wholesale, Inc. (Doc. 13). The three properly
joined defendants have no objection to dismissal of Cabela’s Retail IL, Inc. or to the substitution
of Cabela’s Wholesale, Inc., which as a citizen of Nebraska poses no threat to the Court’s
diversity jurisdiction (Doc. 18).
The Court DISCHARGES its November 7, 2017, order to show cause (Doc. 11). It
further construes Kiefer’s motion to dismiss and to substitute parties as an admission that
Cabela’s Retail IL, Inc. was, indeed, fraudulently joined in this case in that it has no connection
with the events giving rise to this case. Accordingly, the Court disregards the citizenship of

Cabela’s Retail IL, Inc. for purposes of determining diversity jurisdiction and DISMISSES it
from this case without prejudice. In the absence of any objection from the remaining
defendants and in accordance with 28 U.S.C. § 1447(e) and Federal Rule of Civil Procedure
15(a), the Court GRANTS Kiefer’s motion to amend his pleading to substitute Cabela’s
Wholesale, Inc. as a defendant (Doc. 13). He shall have seven days to electronically file his
amended pleading. Kiefer is directed to consult Local Rule 15.1 regarding amended pleadings
and need not seek further leave of Court to file such amended pleading. Cabela’s Retail IL, Inc.
is terminated as a party in this case.
IT IS SO ORDERED.
DATED: December 5, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE