Vest

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOETTA VEST, Case No. 23-cv-02323-JD

8 Plaintiff,

ORDER RE JOINDER AND REMAND

v. 9

10 COSTCO WHOLESALE CORPORATION and DOES 1-20, inclusive, 11 Defendants.

12 13 Plaintiff Joetta Vest alleges that she was struck by a stack of grocery carts as they were 14 being moved by an employee of defendant Costco. Dkt. No. 1. She sued Costco and Does in the 15 Santa Clara Superior Court on claims for negligence and premises liability. Id. at ECF p. 11-13. 16 Costco removed the action to this Court on diversity jurisdiction. Dkt. No. 1. Vest subsequently 17 learned the identity of the Costco employee allegedly responsible for the incident, Alex Madrigal, 18 and asks to amend the complaint to reflect that change. Dkt. No. 23. Vest also asks for a remand 19 because she and Madrigal are both California citizens. Id. (citing 28 U.S.C. § 1447(e)). Costco 20 objects that Vest is attempting to join a non-diverse defendant for the purpose of destroying 21 subject matter jurisdiction. Dkt. No. 24. Leave to…