Harlan Kerman v. H & L Realty & Management Company Lb Real Properties Corporation Merle Thompson Nancy Bloomgarden Prime Properties Mark Stone

41 F.3d 1513 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harlan KERMAN, Plaintiff-Appellant, v. H & L REALTY & MANAGEMENT COMPANY; LB Real Properties Corporation; Merle Thompson; Nancy Bloomgarden; Prime Properties; Mark Stone, Defendants-Appellees. No. 93-16020. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1994. Decided Nov. 18, 1994. Before: CANBY, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The district court correctly concluded that Freeport-McMoRan, Inc. v. KN Energy, Inc., 498 U.S. 426 (1991) (per curiam), did not overturn Owen Equipment & Erection Company v. Kroger, 437 U.S. 365 (1978). Freeport at 428-29. For the plaintiff to add nondiverse defendants to a diversity action still destroys diversity. See Owen at 374. Mr. Hirsh therefore wrongly relied on Freeport as authority for his addition of Mark Stone and Prime Properties, Inc. as defendants. 3 The district court erred, however, in imposing Rule 11…