Woodard v. Rent-A-Center East Inc et al

Filing 5

MEMORANDUM ORDER: Plaintiff will be allowed until February 28, 2013 to file a motion for leave to amend her complaint and substitute the actual employee for Ray Doe. If the actual employee is, like Plaintiff, a citizen of Louisiana, the court' s decision on whether to allow the amendment and remand the case will be guided by the factors in Hensgens v. Deere & Co., 833 F.2d 1179 (5th Cir. 1987). If Plaintiff does not file a timely motion for leave to amend and substitute the actual employee, the claim against Ray Doe will be dismissed and the case will proceed in federal court solely against Rent-A-Center (Compliance Deadline set for 2/28/2013). Signed by Magistrate Judge Mark L Hornsby on 1/11/2013. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

KAREN WOODARD

CIVIL ACTION NO. 13-cv-0042

VERSUS

JUDGE STAGG

RENT-A-CENTER EAST, INC., ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Karen Woodard (“Plaintiff”) filed suit in state court against Rent-A-Center East, Inc.
and Ray Doe. Doe is a fictitious name for an actual employee of Rent-A-Center who
Plaintiff alleges made several inappropriate sexual remarks to her and even touched and
grabbed her in a sexual manner. Plaintiff states that she believes Doe is domiciled in Caddo
Parish, Louisiana, and she states that his name and other identifying information will be
supplemented following discovery.
Rent-A-Center removed the case based on assertion of diversity jurisdiction between
Plaintiff (Louisiana) and Rent-A-Center (Delaware and Texas). With respect to Doe, RentA-Center stated that the court must disregard the citizenship of fictitious defendants pursuant
to 28 U.S.C. § 1441(b).
It appears there is a substantial likelihood that Ray Doe, when his true identity is
learned, may be a Louisiana citizen whose presence as a defendant would destroy diversity
jurisdiction. Accordingly, Plaintiff is granted leave of court to conduct discovery limited to
determining the identification and citizenship of Ray Doe. Rent-A-Center is encouraged to
voluntarily provide the relevant information so that the expense and delay of formal

discovery may be avoided and this preliminary jurisdictional issue can be decided promptly
and efficiently.
Plaintiff will be allowed until February 28, 2013 to file a motion for leave to amend
her complaint and substitute the actual employee for Ray Doe. If the actual employee is, like
Plaintiff, a citizen of Louisiana, the court’s decision on whether to allow the amendment and
remand the case will be guided by the factors in Hensgens v. Deere & Co., 833 F.2d 1179
(5th Cir. 1987).
If Plaintiff does not file a timely motion for leave to amend and substitute the actual
employee, the claim against Ray Doe will be dismissed and the case will proceed in federal
court solely against Rent-A-Center.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 11th day of January,
2012.

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