Biedermann et al v. Wal-Mart Stores Inc et al

Filing 11

ORDER signed by Judge J.P. Stadtmueller on 7/26/2017 REMANDING CASE to Outagamie County Circuit Court. Clerk of Court DIRECTED to take all appropriate steps to effectuate the remand. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
LYNETTE M. BIEDERMANN and DALE
C. BIEDERMANN,
Plaintiffs,
and
NETWORK HEALTH PLAN and
LIBERTY MUTUAL INSURANCE
COMPANY,
Involuntary Plaintiffs,
v.
WAL-MART STORES, INC., CODY
MANS, BRUCE WENZEL, and CLAIMS
MANAGEMENT, INC., administrator
for Wal-Mart,

Case No. 17-CV-576-JPS

ORDER

Defendants.

The plaintiffs filed this case in Outagamie County Circuit Court in
March 2017 alleging that Lynette Biedermann sustained injuries when a
ladder fell on her while she stocked shelves at a Wal-Mart Stores, Inc.
(“Wal-Mart”) store in Appleton, Wisconsin in 2014. (Docket #1-2 at 1-3). The
defendants removed the action to this Court on April 21, 2017, invoking the
Court’s diversity jurisdiction under 28 U.S.C. § 1332. (Docket #1). The
plaintiffs are citizens of Wisconsin and the sole named defendant at the time
of removal, Wal-Mart, is incorporated in Delaware and has its principal

place of business in Arkansas, meaning it is a citizen of both Delaware and
Arkansas for the purposes of Section 1332. (Docket #1 at 2-3).
At the scheduling conference held on July 21, 2017, the Court
inquired about the John and Jane Doe defendants, who were referred to in
the complaint as employees or agents of Wal-Mart but who had not been
otherwise identified or served. (Docket #9). The Court indicated that if the
plaintiffs amended their complaint to identify the Doe defendants, and
those defendants are citizens of Wisconsin, the Court’s diversity
jurisdiction would be destroyed and the case would be remanded back to
Wisconsin state court. Id.
On July 24, 2017, the plaintiffs filed an amended complaint in which
they identify the Doe defendants as Cody Mans of Appleton, Wisconsin and
Bruce Wenzel of Menasha, Wisconsin. (Docket #10). Because diversity
jurisdiction under Section 1332 requires that the parties are citizens of
different states, the addition of two Wisconsin citizens as defendants to this
action leaves the Court without diversity jurisdiction. 28 U.S.C. § 1332(a).
The Court also lacks federal question jurisdiction, because the plaintiffs’
claims are based in state statutory or common law, not federal law. (Docket
#10 at 4-9). Without federal jurisdiction, the case must be remanded to state
court. See 28 U.S.C. § 1447(c).
Accordingly,
IT IS ORDERED that this case be and the same is hereby
REMANDED to the Outagamie County Circuit Court. The Clerk of Court
is directed to take all appropriate steps to effectuate the remand.

Page 2 of 3

Dated at Milwaukee, Wisconsin, this 26th day of July, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

Page 3 of 3