Espinoza

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TAIDE PENA ESPINOZA, Case No. 22-cv-02257-AGT

Plaintiff,

ORDER ON MOTIONS TO

v. AMEND AND TO REMAND

COSTCO WHOLESALE Re: Dkt. Nos. 30,

CORPORATION,

Defendant.

After slipping on a piece of fruit at a Costco store, Taide Pena Espinoza filed a lawsuit against Costco in state court. Costco removed Espinoza’s case to federal court based on diversity jurisdiction. After removal, the parties exchanged initial dis- closures, through which Espinoza learned the names of several Costco employees who were working when she fell. She now moves to amend her complaint to add these Costco employees as defendants. The proposed defendants are citizens of California, as is Espinoza, so their joinder would defeat diversity. For this reason, Espinoza has also moved to remand her case to state court. Costco opposes both motions. “If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit join- der and remand the action to the State court.” 28 U.S.C. § 1447(e). For several reasons, the Court…