Hauerwas v. Allied Waste Services of North America, L.L.C. et al

Filing 39

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - denying 16 Motion to Remand; adopting Findings and Recommendations re 33 Findings and Recommendations. Signed by Judge Dana L. Christensen on 4/19/2012. (APP, )

FILED

APR 19 2012
PATRICK E. DUFFY, CLERK
By DEPUTY CLERK. MISSOULA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

. TROY HAUERW AUS,

)

CV 12-22-M-DLC-JCL

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Plaintiffs,

)
)
vs.
)
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ALLIED WASTE SYSTEMS OF NORTH )
AMERICA, L.L.C., a Delaware limited
)
liability company; ALLIED WASTE
)
SYSTEMS OF MONTANA, L.L.c., a
)
Montana limited liability company; ABC )
Corporation, 1-10, and JOHN DOE, A-J,
)

ORDER

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Defendants.

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-------------------------)

Plaintiff Troy Hauerwaus brings this action against his fonner employer,
Allied Waste Systems, alleging wrongful discharge and wrongful interference with
unemployment benefits. Plaintiff originally filed this action in Montana state
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district court, naming Allied Waste Services of North America ("Allied North
America") as the lone named defendant, based on Plaintiff's belief that Allied
North America is a Montana limited liability company. Allied North America
removed the action to this Court pursuant to 28 U.S.C. §§ 1441 and 1446 based on
diversity jurisdiction because Allied North America is in fact a Delaware limited
liability company with its principal place of business in Phoenix, Arizona.
Plaintiff then filed an Amended Complaint in this Court adding Allied Waste
Systems of Montana ("Allied Montana") as a named defendant, and the same day
filed a motion to remand on the ground that the joinder of Allied Montana robs
this Court of diversity jurisdiction.
United States Magistrate Judge Jeremiah C. Lynch considered Plaintiff's
motion to remand and issued Findings and Recommendations in which he
concludes that the motion to remand should be denied. Judge Lynch evaluated
Plaintiff's attempt to join Allied Montana pursuant to 28 U.S.C. § 1447(e) and
considered several factors in making his recommendation. He found that the
following factors weigh against allowing the joinder of Allied Montana: necessity
for joinder, potential statute of limitations concerns, motive for joinder, validity of
the claims against Allied Montana, prejudice to any party, closeness of the
relationship between Allied North America and Allied Montana, effect ofjoinder
on jurisdiction, and notice to Allied Montana. The one factor Judge Lynch found
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to weigh in favor of allowing joinder is that Plaintiff did not unreasonably delay
his attempt to join Allied Montana. Of particular importance to Judge Lynch's
analysis is Plaintiffs failure to demonstrate any basis for concluding that Allied
Montana played any non-duplicative role in the events giving rise to his claims, or
that Plaintiff cannot obtain a full recovery on all claims from Allied North
America.
Plaintiff did not timely object and so has waived the right to de novo review
of the record. 28 U.S.c. § 636(b)(l). This Court will review the Findings and
Recommendation for clear error. McDonnell Douglas Co:r:p. v. Commodore Bus.
Mach.. Inc., 656 F.2d 1309,1313 (9th Cir. 1981). Clear error exists if the Court is
left with a "definite and firm conviction that a mistake has been committed."
United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). The Court having
reviewed for clear error the Findings and Recommendations of United States
Magistrate Judge Jeremiah C. Lynch (Doc. No. 33), and having found no clear
error therein,
IT IS HEREBY ORDERED that PlaintiffHauerwaus' motion to remand
(Doc. No. 16) is DENIED.

DATED this fl~ay of April,

Dana L. Christensen, District Judge
United States District Court
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