J.S. v. Village Voice Media Holdings LLC
3:12-cv-06031
W.D. Wash.Mar 5, 2013Background
- Three minors sue Backpage.com Defendants and Baruti Hopson in state court for alleged sexual exploitation via Backpage.com.
- Backpage.com Defendants removed the action to federal court based on diversity jurisdiction; Hopson is a Washington resident.
- Plaintiffs sought remand; Backpage.com moved to sever and remand or dismiss Hopson as misjoined.
- Second Amended Complaint added Shabazz and Rice; they were dismissed for lack of leave to amend.
- Court concluded removal failed to show fraudulent joinder; case must be remanded to state court.
- Decision dated March 5, 2013, granting remand to Pierce County Superior Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does removal based on complete diversity exist here? | Hopson is a nondiverse defendant; potential for complete diversity. | Hopson should be disregarded as fraudulent joinder to defeat diversity. | No; no fraudulent joinder; case remanded to state court. |
| Was Hopson fraudulently joined to defeat removal? | No substantial connection between Hopson and Backpage claims; joinder legitimate. | Hopson joinder is sham/misjoinder to destroy diversity. | Not fraudulent; remand appropriate. |
| Can misjoinder doctrine justify removal despite nondiverse Hopson? | Connection exists via conspiracy and SECA claims against all defendants. | Misjoinder supports removal; no real connection between claims. | Not applicable; remand proper. |
| Is there enough basis for federal jurisdiction on the merits of the underlying claims? | Claims against Backpage.com Defendants arise from alleged facilitation of exploitation. | Diversity alone suffices for removal; jurisdiction valid. | Jurisdiction lacking; remand required. |
| What is the appropriate remedy? | Remand to state court requested. | Sever and remand or dismiss Hopson if misjoined. | Remand granted; cross-motion denied. |
Key Cases Cited
- Morris v. Princess Cruises, Inc., 236 F.3d 1061 (9th Cir. 2001) (fraudulent joinder standard; burden to show nondiverse party joined improperly)
- Stillwell v. Allstate Ins. Co., 663 F.3d 1329 (11th Cir. 2011) (fraudulent joinder; minimum burden on joinder legitimacy)
- Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353 (11th Cir. 1996) (extreme misjoinder concept; impact on removal jurisdiction)
- In re Benjamin Moore & Co., 318 F.3d 626 (5th Cir. 2002) (evaluates fraudulent misjoinder/joinder plausibility)
- AIDS Counseling and Testing Centers v. Group W Television, Inc., 903 F.2d 1000 (4th Cir. 1990) (fraudulent joinder defined; not about counsel integrity)
- Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100 (1941) (reaffirms strict construction of removal jurisdiction)
- Gaus v. Miles, Inc., 980 F.2d 564 (9th Cir. 1992) (presumption against removal; burdens on defendant)
- California ex rel. Lockyer v. Dynergy, Inc., 375 F.3d 831 (9th Cir. 2004) (requires strict evaluation of removal grounds)