The case of the day is Navarro v. Tufesa USA LLC (D. Utah 2019). Plasida Navarro, a Mexican national residing in Utah (it brought an action in the Utah state courts aganst Tufesa, an LLC with its principal place of business in Arizona and a “John Doe” defendant, whose citizenship was unknown. Tufesa filed a notice of removal on grounds of diversity. Navarro moved for leave to amend the complaint and to replace the “John Doe” defendant with Abundio Guadalupe Miranda, a Mexican national. Tufesa did not object. But later, the court and the parties discovered that the addition of Miranda destroyed diversity jurisdiction, because there is no diversity jurisdiction when aliens are both plaintiffs and defendants. Navarro moved to remand the case to…
Tagged: Hague Service Convention, Mexico, removal