Grizer v. CF Industries, Inc. et al

Filing 67

RULING Adopting 64 Report and Recommendation of the U.S. Magistrate Judge. The Plaintiff's Petition is dismissed pursuant to 28 U.S.C. Section 1915(e)(2)(B)(ii). Signed by Judge Shelly D. Dick on 6/15/2017. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BRAD GRIZER
CIVIL ACTION
VERSUS
16-145-SDD-EWD
CF INDUSTRIES, INC., ET AL.
RULING
The Court has carefully considered the Petition,1 the record, the law applicable to
this action, and the Report and Recommendation2 of United States Magistrate Judge Erin
Wilder Doomes dated May 25, 2017. Plaintiff has filed a Motion to Remand3 which the
Court will treat as an objection to the Report and Recommendation of Magistrate Judge
Erin Wilder-Doomes.
The Court notes Plaintiff’s objection to the Report and Recommendation,
specifically Plaintiff’s reliance on Teacher Retirement System of Texas v. Reilly Mortgage
Group Inc. Upon review, the Court finds that Reilly is factually distinguishable because it
was at a more advanced stage of litigation than the case at bar. The Court finds, like the
court in Brown v. Sullair, LLC., that “if after removal the plaintiff seeks to join additional
defendants whose joinder would destroy subject matter jurisdiction, the court may deny
joinder, or permit joinder and remand the action to the State court. But this applies only
to what happens after removal when plaintiff seeks to join additional non-diverse
defendants.”4 Zurich American Insurance Company’s (“Zurich”) motion to intervene

1

Rec. Doc. 1-2.
Rec. Doc. 64.
3
Rec. Doc. 65.
4
13-2388, 2015 WL 9261354 at *3 (W.D. La. Nov. 17, 2015)(emphasis original).
2

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aligns Zurich as a plaintiff, and not as a defendant. Given that the clear language of 28
U.S.C. § 1447 (e) states that its applicability is limited to non-diverse defendants, and
Zurich is not a defendant, Rule 19(b) of the Federal Rules of Civil Procedure clearly
requires dismissal.
The Court hereby approves the Report and Recommendation of the Magistrate
Judge and adopts it as the Court’s opinion herein.
Accordingly, the Plaintiff’s Petition is dismissed pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).
Signed in Baton Rouge, Louisiana on June 15, 2017.

S

JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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