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In the United States District Court Pauline Lester Washington v. Wal Mart Stores

October 7, 2011

IN THE UNITED STATES DISTRICT COURT PAULINE LESTER WASHINGTON, PLAINTIFF,
v.
WAL MART STORES, INC., AND DAVID W. ROPER, DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge:

MEMORANDUM and ORDER

A. Factual and Procedural Background

Clair County, Illinois against

In May 2011, Pauline Lester-Washington filed suit in the Circuit Court of St. claimed that she was Wal up a broken bottle and its contents in the liquor aisle at the store. injured when she was -Mart Stores, Inc., and David W. Roper. caused to fall where Defendants failed to clean Lester-Washington She claimed that her injuries proximately resulted from Defendants' negligence ( warn, etc.).

e.g., failure to inspect, failure to

The state court complaint sought damages over $50,000 action to this United States District Court on Served with the complaint on June 8, 2011 June 29, 2011

, Defendants on each of two counts.

, invoking subject matter timely removed the jurisdiction under the federal diversity statute, 28 U.S.C. jurisdiction if the lawsuit is between "citizens controversy is over $75,000, exclusive of interest and costs. of different States" and the amount in § 1332. Section 1332 supplies

Hukic v. Aurora Loan Services, 588 F.3d 420, 427 (7th Cir. 2009), citing 28 U.S.C. 1332.

The parties do not diversity of citizenship jurisdictional minimum is met. Defendants dispute that the amount in controversy is satisfied, and the Court However, finds that the dispute the presence of complete , and the record removal notice, Illinois citizen and that Wal Defendants' does not establish that -Mart is a citizen of Delaware, its state of incorporation they alleged that Lester this requirement is met. -Washington is an

In Arkansas, the location of its principal place of business. Washington, Roper is a Lester , and

citizen of Illinois, fraudulently joined which, if correct, Like that Roper was for this very purpose. would defeat diversity, but Defendants complete judgment on Count 2, the sole Count against him, asserting that he Defendant Roper moves to dismiss assert or, in the alternative, for summary Lester incident and is improperly named as a defendant in this lawsuit manager of the store at the time of -Washington's fall, had no involvement in the was no longer the Washington that Roper is properly joined and moves for remand of the case for

(Docs. 5, ...


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