observing that the plaintiff abandoned claims when he failed to include them in his amended complaint
How later courts described this case
- observing that the plaintiff abandoned claims when he failed to include them in his amended complaint
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GILBERT V. ANDRY, IV. * CIVIL ACTION NO.: 2:22-cev-04544
*
VERSUS * DISTRICT COURT JUDGE: FALLON
*
UNITED PROPERTY AND * MAGISTRTE JUDGE: ROBY
CASUALTY INSURANCE COMPANY *
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ORDER & REASONS
Before the Court is Plaintiff's Motion for Leave to File First Amended Complaint. R. Doc.
12. Plaintiff seeks to amend his complaint to add the Louisiana Insurance Guaranty Association
(“LIGA”) to his original petition, joining it as a Defendant in addition to United Property and
Casualty Insurance Company. /d. For the following reasons, the Court grants the motion and
remands the case to the 25" Judicial District Court for the Parish of Plaquemines, Louisiana.
When a party amends their complaint and adds a non-diverse party, federal courts □□□□
deny joinder, or permit joinder and remand the action to the State court.” 28 U.S.C. $1447(e). An
amended complaint supersedes the original complaint and therefore impacts diversity jurisdiction,
which is assessed at the time of filing. See, e.g., Pacific Bell Telephone Co. v. linkLine Commc’ns,
Inc., 555 U.S. 438, 456 n.4 (2009) (Normally, an amended complaint supersedes the original
complaint.”); Linicomn vy. Hill, 902 F.3d 529, 534 n.4 (Sth Cir. 2018) (observing that the plaintiff
abandoned claims when he failed to include them in his amended complaint).
Courts in the Fifth Circuit consider several factors when a party seeks to amend and add a
non-diverse party, including whether the amendment’s purpose is to destroy diversity, whether the
plaintiff will face prejudice or injury, whether the amendment is dilatory, and other relevant
factors. Hensgens v. Deere & Co., 833 F.2d 1179, 1182 (Sth Cir. 1987). While courts “should
freely give leave [to amend] when justice so requires,” the Fifth Circuit directs district courts to
consider these Hensgens factors when deciding whether to deny or permit joinder that would divest
the court of its jurisdiction and the defendant of its chosen forum. Fed. R. Civ. P. 15(a)(2);
Hensgens, 833 F.2d at 1182.
Other sections of the Eastern District of Louisiana have granted motions to amend the
complaint adding LIGA and remanded the cases to state court. See Soza v. Southern Fidelity Ins.
Co. (Soza I, 2023 WL 315948, at *1 n.3 (E.D. La. Jan. 19. 2023) (Ashe, J.); Soza v. Southern
Fidelity Ins. Co. (Soza IN), 2023 WL 2770125, at *5 (E.D. La. Apr. 4, 2023) (Vitter, J.); 14th Street
Properties, LLC v. Southern Fidelity Ins. Co., 2023 WL 416317, at *1 (E.D. La. Jan. 26, 2023)
(Brown, C.J.); Francis v. Southern Fidelity Ins. Co., 2023 WL 2674709, at *1 (E.D. La. Mar. 29,
2023) (Vance, J.).
Plaintiff moves to amend the complaint to add LIGA. R. Doc. 12. Accordingly, the Court
weighs the Hensgens factors and concludes that the amendment was not done for a dilatory
purpose, nor will the parties suffer injury or prejudice as a result of the amendment and subsequent
remand. Plaintiff is within the deadline to file an amended complaint, as no scheduling order has
yet been issued in this case, and the matter has been stayed and administratively closed since
March, 3, 2023. R. Doc. 11. Accordingly, for the foregoing reasons, Plaintiff’s motion is granted,
and the case is remanded to the 25" Judicial District Court for the Parish of Plaquemines,
Louisiana.
New Orleans, Louisiana, this 3rd day of October, 2023.
Ebon Cl
Se