Filippini v. Ford Motor Co.

110 F.R.D. 131, 1986 U.S. Dist. LEXIS 26324
CourtDistrict Court, N.D. Illinois
DecidedApril 24, 1986
DocketNo. 85 C 6959
StatusPublished
Cited by11 cases

This text of 110 F.R.D. 131 (Filippini v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Filippini v. Ford Motor Co., 110 F.R.D. 131, 1986 U.S. Dist. LEXIS 26324 (N.D. Ill. 1986).

Opinion

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendant properly removed this products liability action on the basis of diversity. The question now is whether plaintiff should be able to join the dealer who sold the product when neither the facts nor the parties’ allegations indicate much likelihood that the dealer would be liable, the dealer is now out of business and joinder would destroy diversity. This court holds that the dealer should not be joined.

FACTS

Plaintiff Gary Filippini claims that Ford Motor Co. is liable for the injuries he suffered when a front wheel separated from his employer’s Ford pickup while he was driving it in accordance with his duties in and around Peru, Illinois. He brought an action in the Circuit Court of LaSalle County, Illinois, against Ford, claiming that (1) the truck was unreasonably dangerous at the time it was manufactured, assembled, or distributed; (2) Ford was guilty of carelessly and negligently designing, manufacturing or assembling the pickup truck, and failing to warn the plaintiff of the dangers; and (3) pursuant to Chapter 26, 112-314 of the Illinois Revised Statutes, Ford breached its implied warranty that the pickup truck was of good and merchantable quality. Ford, a Delaware corporation with its principal place of business in Michigan, properly removed the civil action to the U.S. District Court for the Northern District of Illinois pursuant to 28 U.S.C. §§ 1332(a)(1) and 1441(a), by virtue of diversity of citizenship of the parties.

After removal, the plaintiff discovered the identity of the dealer who sold the Ford pickup truck to his employer. Filippini [133]*133now wants to assert his strict liability and implied warranty claims against the dealer as well. He therefore moves to amend his complaint to join Dennis Mahoney Ford, Inc. as a defendant. Filippini’s employer apparently bought the truck in May 1983 at Dennis Mahoney Ford’s going-out-of-business sale. In any case, the corporation has been dormant since the fall of 1983 and plaintiff admits that the current whereabouts of its officers are unknown. Filippini identifies Dennis Mahoney Ford in his proposed complaint as an Illinois corporation. Ford offers evidence that according to the Illinois Secretary of State Dennis Mahoney Ford was a foreign corporation which had its principal place of business in Spring Valley, Illinois. In either case, its citizenship for diversity purposes would be Illinois, the same as Filippini’s.

DISCUSSION

The joinder of the dealer, an Illinois citizen, would destroy the court’s jurisdiction over this case and require that the court either dismiss, or remand the case back to the state court. If a court relies on diversity for jurisdiction over a particular claim or party the rule of Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806), applies. Strawbridge requires complete diversity, which means that the citizenship of all the plaintiffs must be diverse from the citizenship of all the defendants. This rule is also fully applicable to removal jurisdiction based upon diversity. Jadair, Inc. v. Walt Keeler Co., Inc., 679 F.2d 131 (7th Cir.1982); 1A Moore’s Federal Practice, 110.161 [1.-1] (1983). This court would therefore have no jurisdiction over the claim against Dennis Mahoney Ford. The case would then have to be either dismissed or remanded. Render by Render v. Consolidated Rail Co., 585 F.Supp. 630 (N.D. Ill.1984); Kaib v. Pennzoil Co., 545 F.Supp. 1267 (W.D.Pa.1982).

Once removal jurisdiction has properly attached, a plaintiff normally cannot defeat it by his own actions. St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 58 S.Ct. 586, 82 L.Ed. 845 ' (1938). In St. Paul Mercury, the defendant had properly removed the case. The plaintiff then changed his allegations, which reduced the amount in controversy to a figure below the minimum for federal jurisdiction. The Supreme Court held that plaintiff’s acts did not deprive the court of its jurisdiction. Otherwise, it said,

the defendant’s supposed statutory right of removal would be subject to the plaintiff’s caprice____ The claim, whether well or ill founded in fact, fixes the right of the defendant to remove, and the plaintiff ought not to be able to defeat that right and bring the cause back to the state court at his election.

303 U.S. at 294, 58 S.Ct. at 592. Ford, having complied with the terms of the removal statute, has a right to be here, and that right cannot be lightly disregarded.

The principle of St. Paul Mercury applies when a plaintiff in a removed case seeks to join a party whose presence would undermine federal jurisdiction. Pacific Gas & Electric Co. v. Fibreboard Products, 116 F.Supp. 377 (N.D.Cal.1953). In Pacific Gas plaintiff amended its complaint after removal, naming non-diverse joint tortfeasors, and filed a motion to remand. The court denied leave to amend. It found that “[i]f plaintiff were allowed to defeat federal jurisdiction by amending its complaint to add defendants as joint tortfeasors of Fibreboard, the latter’s supposed statutory right of removal would be subject to the plaintiff’s caprice in exactly the same sense as if plaintiff amended to reduce the amount prayed for as damages to less than $3,000.00.” 116 F.Supp. at 381. Ford timely filed its petition for removal to protect its statutory interest in a federal forum. 28 U.S.C. § 1446(b). Diversity jurisdiction existed when Ford filed that petition. Ford is thus properly here, and has an interest in staying here. Filippini needs to show a strong argument in favor of joinder to overcome that interest. See also 1A Moore’s Federal Practice, II 0.161 [.1-3] (1983).

Many courts have found joinder of a non-diverse party justified if the party [134]*134would be deemed indispensable under Rule 19 of the Federal Rules of Civil Procedure. See, e.g., Takeda v. Northwestern National Life Insurance Co., 765 F.2d 815, 819 (9th Cir.1985); In Re Merrimack Mutual Fire Insurance Co., 587 F.2d 642, 647 (5th Cir.1978). In Takeda, an employee who had health insurance coverage through his employer sued the purported insurer for failure to pay his claims. The insurer responded that the employer in fact was self-insuring, and the employer was joined. The employer’s presence destroyed diversity. The court found a significant possibility of prejudice to the employer if the suit proceeded without it, upheld the joinder, and ordered the case remanded to state court. 765 F.2d at 820-821. See also Kaib, 545 F.Supp. at 1269; Swanigan v. Amadeo Rossi, S.A., 617 F.Supp. 66, 67 (E.D.Mich.1985); Lamar Haddox Contractor, Inc. v. Potashnick, 552 F.Supp.

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Bluebook (online)
110 F.R.D. 131, 1986 U.S. Dist. LEXIS 26324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filippini-v-ford-motor-co-ilnd-1986.