Luis Borjas Canales v. Volvik USA, Inc.

JS-6

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LUIS BORJAS CANALES, 2:23-cv-7534-DSF-KSx Plaintiff, Order GRANTING Motion for v. Leave to File Second Amended Complaint; Order REMANDING VOLVIK USA, INC., Case Defendant. Plaintiff moves for leave to file a second amended complaint to add a non-diverse Defendant, Hannah Chandley. Defendant Volvik USA, Inc. opposes the motion. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. While leave to amend under Rule 15(a) is typically freely given, an amendment that would destroy the Court’s jurisdiction is subject to special considerations. “If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.” 28 U.S.C. § 1447(e). “The language of § 1447(e) is couched in permissive terms and it clearly gives the district court the discretion to deny joinder.” Newcombe v. Adolf Coors Co., 157 F.3d 686, 691 (9th Cir. 1998). While the Ninth Circuit has not articulated a specific…