Opinion

Carr v. Aramark Food and Support Services Group Inc.

Court
District Court, N.D. Alabama
Filed
Oct 19, 2021
Cited by
0 cases
Authority
More cited than 16.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

WESTERN DIVISION

RUSSELL CARR, )

)

PLAINTIFF

)

v. )

) 7:21-cv-00712-LSC

ARAMARK FOOD AND

)

SUPPORT SERVICES INC.

)

AND ARAMARK

)

EMPLOYEE “A”

)

DEFENDANTS.

MEMORANDUM OF OPINION AND ORDER

Before the Court are Plaintiff’s Motion to Remand and Plaintiff’s request to

conduct discovery regarding the fictitiously named defendant. (Doc. 4; Doc. 7 at 2.)

The motions have been fully briefed and are ripe for review. For the reasons stated

below, Plaintiff’s Motion to Remand (Doc. 4) and request to conduct discovery

(Doc. 7 at 2) are DENIED.

I. BACKGROUND

Plaintiff Russell Carr (“Mr. Carr” or “Plaintiff”) brings this action against

Defendant Aramark Food and Support Services Group Inc. (“Aramark”) and

fictitious Defendant Aramark Employee “A” (“Employee ‘A’”) (collectively

“Defendants”). On May 21, 2021, Mr. Carr filed this action in the Circuit Court of

Tuscaloosa County asserting a state law claim of negligence against Aramark and

Employee “A” to recover damages relating to the Plaintiff’s alleged injuries. On or

about August 20, 2020, Mr. Carr was working as maintenance staff for the

University of Alabama at Mary Burke Hall on the University of Alabama campus.

When Mr. Carr was rounding a corner, fictitious Defendant Employee “A”

allegedly sprayed a pressurized chemical onto Mr. Carr’s face. As a result of the

accident, Mr. Carr suffered injuries for which he demands damages from Employee

“A” and Aramark.

On May 21, 2021, Aramark and Employee “A” filed a notice of removal based

on diversity jurisdiction, alleging that “Aramark Educational Services, LLC,” was

incorrectly designated in the complaint as, “Aramark Food and Support Services

Group, Inc.,” and is a Delaware corporation with its principal place of business in

Pennsylvania. Furthermore, Aramark contends that Employee “A,” was at the

commencement of this action, a fictitious party, and that in determining whether a

civil action is removable on the basis of diversity jurisdiction, the citizenship of

defendants sued under fictitious names shall be disregarded. 28 U.S.C § § 1332 and

1441. (Doc. 1.) On June 1, 2021, Plaintiff filed a Motion to Remand, asserting that

complete diversity of the parties was lacking because Plaintiff had described the

fictitious defendant, Aramark Employee “A” with such specificity that his Alabama

citizenship could not reasonably be questioned. (Doc. 4 at 2.)

II. STANDARD OF REVIEW

Federal courts are courts of “limited jurisdiction” and can only hear cases

authorized by the United States Constitution or by federal statute. Kokkonen v.

Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994). A defendant may remove

an action initially filed in state court to federal court if the action is one over which

the federal court has original jurisdiction. 28 U.S.C. § 1441(a); Caterpillar Inc. v.

Williams, 482 U.S. 386, 392 (1987). Diversity jurisdiction is conferred by 28 U.S.C.

§1332 and requires an amount in controversy over $75,000 and complete diversity

of all parties. 28 U.S.C. § 1332(a)(1). Because there is no dispute that the amount in

controversy is over $75,000, the sole issue in this case is whether there is complete

diversity of the parties.

III. DISCUSSION

This Court’s diversity jurisdiction is established at the time the notice of

removal is filed. Howell v. Cir. City, 330 F. Supp. 2d 1314, 1317 (M.D. Ala. 2004)

(citing St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 289 (1938)). 28

U.S.C. §1441 governs the removal of civil actions and provides that the citizenship

of fictitious parties is to be disregarded for the purpose of determining diversity

jurisdiction. 28 U.S.C. § 1441(b)(1); Howell, 330 F. Supp. 2d at 1317. “Even if ‘the

fictitious defendants [are] likely’ not diverse, their citizenship must ‘be disregarded

for purposes of diversity jurisdiction.’” Smith v. Comcast Corp., 786 F. App'x 935,

939 (11th Cir. 2019) (quoting Walker v. CSX Transp. Inc., 650 F.3d 1392, 1395 n.11

(11th Cir. 2011)). For removal purposes, the law does not care whether the named

defendants knew the citizenship and true names of the fictitiously named

defendants. Smith, 786 F. App'x at 939.

Here, the plain language of the removal statute instructs this Court to

disregard the citizenship of Employee “A” for diversity jurisdiction purposes. As

Mr. Carr is a citizen of Alabama and Aramark is a citizen of Delaware or

Pennsylvania, diversity jurisdiction exists. Mr. Carr argues that “Aramark knows the

identity and address of its employee,” and alleges that Employee “A” lives in

Alabama. (Doc. 4 at 3.) This may be true. However, this Court need not consider

whether Aramark knows this information or if it is true. Smith, 786 F. App'x at 939.

Even if it is likely that Employee “A” is not diverse from Mr. Carr, the citizenship

of Employee “A” must still be disregarded for purposes of diversity jurisdiction. Id.

Plaintiff cites several cases in which “courts have found that where a

plaintiff’s complaint provides a description of a fictitious defendant in such a way

that his or her identity cannot reasonably be questioned, the court should consider

the citizenship of the fictitious defendant.” Marshall v. CSX Transp. Co., 916 F.

Supp. 1150 (M.D. Ala. 1995) (citing Lacy v. ABC Ins. Co., No. CIV.A. 95-3122, 1995

WL 688786 at *3 (E.D.La. Nov. 17, 1995)); Brown v. TranSouth Fin. Corp., 897

F.Supp. 1398, 1401-02 (M.D.Ala.1995); Tompkins v. Lowe’s Home Ctr., Inc., 847

F.Supp. 462, 464 (E.D.La.1994) (citing Green v. Mutual of Omaha, 550 F.Supp. 815,

818 (N.D.Cal.1982)).

However, the Eleventh Circuit so far has declined to adopt any rule which

allows plaintiffs to describe a fictitious defendant with such specificity as to allow

courts to consider their citizenship in a removal context. Smith, 786 F. App'x at 940.

The Eleventh Circuit further noted that “such a holding would seem inconsistent

with the removal statute’s text.” Id. However, even if this exception did apply, Mr.

Carr has not described Employee “A” with sufficient precision to fit within the

exception. Here, Mr. Carr only knows the fictitious defendant’s alleged employer,

Aramark, and the date of the incident. Mr. Carr fails to state the fictitious

defendant’s job title. Mr. Carr fails to state the time of the accident. Mr. Carr fails to

describe the fictious defendant in any detail whatsoever. As a result, Mr. Carr has

failed to describe the defendant with such a way that his or her identity cannot

reasonably be questioned. Accordingly, because Mr. Carr and Aramark are diverse

and the amount in controversy is met, this Court has diversity jurisdiction over the

case.

In the alternative, Plaintiff asks this Court for leave to conduct discovery as to

the identity of the Aramark employee. (Doc. 7 at 2.) However, “when assessing

removal, the citizenship of fictitiously named defendants must be ‘disregarded,’ not

discovered.” Smith, 786 F. App’x at 939. Accordingly, Plaintiff's request is

DENIED. This Court recognizes that Plaintiff will likely discover the citizenship of

Employee “A” and will no doubt then request to add them as a party. If this Court

grants that request and diversity is thereby destroyed, this case will be remanded to

the Circuit Court of Tuscaloosa County.

IV. CONCLUSION

For the reasons stated above, Plaintiff’s Motion to Remand (Doc. 4) and

request to conduct discovery (Doc. 7 at 2) are DENIED.

DONE and ORDERED on October 19, 2021.

X Sx Cf

L Scott Coogffr

United States Distct Judge

206770

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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