Conroy v. Ridge Tool Company

Background

Bradley R. Conroy filed a first amended complaint adding Grainger Inc., Center Hardware and Supply Company, and Pace Supply Corporation as defendants. The opinion states that Center Hardware and Pace are California companies and that adding them would destroy diversity jurisdiction—the basis for federal jurisdiction asserted in the case because of the parties’ citizenship.

Conroy filed a second motion to remand, asking the court to return the case to California state court. Ridge Tool Company, Cal Steam Inc., and Ferguson Enterprises Inc. opposed remand and filed a motion to strike the first amended complaint. Their motion relied in part on 28 U.S.C. § 1447(e), which addresses adding parties after a case has been removed from state court.

Court’s reasoning

The court concluded that Conroy offered no specific allegations about Center Hardware’s or Pace’s involvement with the product at issue. Instead, the companies were grouped with the other defendants in general allegations. The court also found that a declaration from Conroy’s supervisor was insufficient when compared with the defendants’ declarations relying on business records.

Based on the factors considered by the court, it concluded that adding Center Hardware and Pace was not permissible at that time.

Ruling

The court denied without prejudice Conroy’s motion to remand and granted the defendants’ motion to strike the first amended complaint. The order did not state that the case itself was dismissed. It said Conroy could later submit a motion seeking permission to file an amended complaint if discovery showed that the toilet auger was related to, including sold, maintained, or serviced by, Pace or Center Hardware. The order terminated Docket Nos. 36 and 40.

The supplied case information identifies Susan Van Keulen as the judge. The reproduced opinion text, however, contains a signature block identifying Yvonne Gonzalez Rogers as a United States District Judge.