District Judge Michael A. Telesca

 

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A magistrate judge’s Nov. 4, 2014 report recommended that plaintiffs be granted the instant action’s remand to state supreme court due to lack of diversity jurisdiction, and also denial of Acadia Ins. Co.’s motion to realign the parties in order to preserve diversity. Acadia and codefendant Selective Way Ins. Co. joined in Cincinnati Ins. Co.’s objections to the magistrate judge’s report and recommendation. District court adopted the magistrate judge’s recommendation that realignment of the parties be denied, and that the parties’ litigation be remanded to state supreme court in Erie County. The court found joinder of defendant Huber Constr. Inc. was permissible under FRCP 20(a)(2). It also found that LPCiminelli Inc.’s claim against Huber Constr. was related to the claims made against the defendant insurance companies and arose from the same factual circumstances. Additionally, under the totality of circumstances, plaintiffs’ reasons for joining Huber were legitimate, and Cincinnati Ins. Co. did not show, to the court’s satisfaction, that plaintiffs sought to join Huber, a non-diverse party, solely to effectuate a remand to state court. LPCiminelli did not delay in amending suit to add Huber as a party.

District Judge Michael A. Telesca

 

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A magistrate judge’s Nov. 4, 2014 report recommended that plaintiffs be granted the instant action’s remand to state supreme court due to lack of diversity jurisdiction, and also denial of Acadia Ins. Co.’s motion to realign the parties in order to preserve diversity. Acadia and codefendant Selective Way Ins. Co. joined in Cincinnati Ins. Co.’s objections to the magistrate judge’s report and recommendation. District court adopted the magistrate judge’s recommendation that realignment of the parties be denied, and that the parties’ litigation be remanded to state supreme court in Erie County. The court found joinder of defendant Huber Constr. Inc. was permissible under FRCP 20(a)(2). It also found that LPCiminelli Inc.’s claim against Huber Constr. was related to the claims made against the defendant insurance companies and arose from the same factual circumstances. Additionally, under the totality of circumstances, plaintiffs’ reasons for joining Huber were legitimate, and Cincinnati Ins. Co. did not show, to the court’s satisfaction, that plaintiffs sought to join Huber, a non-diverse party, solely to effectuate a remand to state court. LPCiminelli did not delay in amending suit to add Huber as a party.