probabilities (however high), so that corrective measures are needed.
As for Dr. Howell's designation, Erie v. Tompkins principles teach that Illinois law provides the substantive rules of decision in this diversity action, but that does not extend to Illinois' procedural rules (see the seminal decision in Hanna v. Plumer, 380 U.S. 460, 14 L. Ed. 2d 8, 85 S. Ct. 1136 (1965)). Thus 735 ILCS 5/2-402 (which is expressly made part of the Illinois Code of Civil Procedure) simply does not operate as a basis for including Dr. Howell as a party litigant here. Joinder of parties defendant in this federal action is controlled instead by Fed. R. Civ. P. 19 and 20, and to this Court's knowledge those Rules do not contemplate the type of joinder that is specified by the Illinois provision.
Accordingly Complaint P2 is stricken, without prejudice to the filing of an amended paragraph on or before March 13, 1995 to cure the jurisdictional defects identified here (see Section 1653). If no such curative allegation is supplied on or before that date, both the Complaint and this action will have to be dismissed for lack of subject matter jurisdiction. Complaint Count III is stricken as well, as is the designation of Dr. Howell as a party to this litigation.
Milton I. Shadur
Senior United States District Judge
Date: March 3, 1995