KAMAU v. JOHNSON
4:25-cv-00233
| N.D. Fla. | Sep 2, 2025Background
- Plaintiff Diop Kamau sued Jonathan Johnson and multiple other defendants in Florida state court.
- Johnson removed the case to federal court asserting diversity jurisdiction.
- The notice of removal failed to allege the domicile/citizenship of defendant Janakan Thiagarajah and failed to identify all members of Bellwether Law, PLLC.
- About a month after removal Johnson moved to sever, arguing fraudulent joinder and Rule 21 misjoinder to preserve federal jurisdiction.
- The magistrate judge recommended remand; the district court reviewed de novo and concluded Johnson did not meet his burden to show diversity jurisdiction and that Rule 21 could not be used to create jurisdiction.
- The court adopted the R&R in part, granted remand, and ordered the case returned to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of removal pleading (citizenship) | Kamau: removal not proper without complete diversity allegations | Johnson: alleged defendants are in D.C., removal valid | Held: Removal insufficient—must allege domicile of natural persons and list all LLC members; allegations here were inadequate |
| Fraudulent joinder | Kamau: nondiverse defendants plausibly liable | Johnson: some defendants were fraudulently joined to defeat diversity | Held: Johnson failed to meet heavy burden; no showing plaintiff could not prevail or of fraud in jurisdictional facts |
| Rule 21 severance to create jurisdiction | Kamau: severance not relevant | Johnson: move to sever nondiverse parties under Rule 21 so diversity remains | Held: Rule 21 cannot be used to manufacture federal jurisdiction; joinder rules apply only after jurisdiction established |
Key Cases Cited
- Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405 (11th Cir. 1999) (party asserting federal jurisdiction bears burden of proof)
- McGovern v. Am. Airlines, Inc., 511 F.2d 653 (5th Cir. 1975) (citizenship must be alleged distinctly and affirmatively)
- Taylor v. Appleton, 30 F.3d 1365 (11th Cir. 1994) (citizenship is the key fact for diversity)
- McCormick v. Aderholt, 293 F.3d 1254 (11th Cir. 2002) (domicile must be alleged for individuals in removal pleadings)
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020 (11th Cir. 2004) (to allege LLC citizenship, list citizenships of all members)
- Triggs v. John Crump Toyota, Inc., 154 F.3d 1284 (11th Cir. 1998) (standards and limited circumstances for fraudulent joinder)
- Stillwell v. Allstate Ins. Co., 663 F.3d 1329 (11th Cir. 2011) (fraudulent joinder burden described as heavy)
- Williams v. Homeland Ins. Co. of New York, 18 F.4th 806 (5th Cir. 2021) (federal joinder rules apply only after federal jurisdiction exists; cannot be used to justify removal)