Lewis

OPINION AND ORDER

In the 1930’s the poet Carl Sandburg asked:

Why is there always a secret singing When the lawyer cashes in?

Why does the hearse horse snicker Hauling a lawyer away?

In its April 10, 1978, edition Time Magazine’s answer was contained in a story entitled “Those #*X§!! Lawyers.”

In casting about for reasons for the generally unfavorable view Time found the public held of lawyers, it suggested that one reason may be found in the profession’s system of self-discipline.

To illustrate its point Time reported:

Lewis brought an action in the state court seeking damages for libel, slander, invasion of privacy, and intentional infliction of emotional distress. His complaint named Time, Inc., Mid-Cal Periodical Distribution, and DOES I-XV as defendants.

Mid-Cal, as it turned out, is part of a larger, nonresident corporation. When plaintiff learned that the action against Mid-Cal would not destroy diversity jurisdiction, he chose to voluntarily dismiss that defendant. On April 12, 1979, plaintiff served Lucky Stores, Inc., a California corporation, as a John Doe distributor defendant.

Defendant Time, asserting diversity jurisdiction, removed the action to this court…