Grogan v. Babson Brothers Co.
United States District Court for the Northern District of New York
101 F.R.D. 69
Grogan (plaintiff) bought milking equipment distributed by Surge and installed by Don Carrier, which allegedly caused electrical shocks to his livestock. Believing Surge was the manufacturer, Grogan first sued Surge and Don Carrier in state court, then learned the actual manufacturer was Babson Brothers Co. (defendant) and sued Babson separately; Babson removed that case to federal court on diversity grounds. Grogan then moved to join Surge and Don Carrier - who were not diverse from him - as defendants in the Babson suit. Babson opposed, arguing Grogan's only goal was to destroy diversity and force a remand to state court.
Whether a plaintiff in a case removed on diversity grounds may join additional non-diverse defendants under Federal Rule of Civil Procedure 20(a) where joinder is not sought solely to destroy diversity.