Spencer

Petitioners seek a writ of mandamus ordering the district court to remand this action to state court. Petitioners argue the district court must remand pursuant to a bankruptcy court’s order which petitioners claim requires the district court to abstain from exercising federal jurisdiction. In the alternative, petitioners contend that the joinder of a local, albeit diverse, defendant following removal from state to federal court destroyed subject-matter jurisdiction, requiring remand. See 28 U.S.C. §§ 1441 (b), 1447(c). Because we conclude that the district court did not clearly err in determining that the bankruptcy court’s order does not require the district court to abstain from exercising federal jurisdiction, and because we find no error in the district court’s determination that federal diversity jurisdiction is not destroyed by the joinder of a local, diverse defendant subsequent to removal, we deny the petition for a writ of mandamus.

I.

Lindsay C. Spencer, an electrical lineman, died as a result of injuries he sustained while working in an aerial lift bucket to repair and upgrade a Pacific Gas & Electric Company (“PG & E”) utility pole. According to the petitioners, the…