Gurley v. Fedex Ground Package Systems, Inc.
Docket: No. 4:12-cv-201 RP-RAW
Court: District Court, S.D. Iowa; July 10, 2012; Federal District Court
Kevin Gurley, the Plaintiff, filed a motion to remand a case originally brought in Iowa District Court for Dallas County, alleging discrimination by Defendants FedEx Ground Package Systems, Jennifer Porter, and Scott Cowles in violation of the Iowa Civil Rights Act (ICRA). Defendants removed the case to federal court, claiming diversity jurisdiction despite Porter and Cowles being citizens of Iowa. They asserted that these two defendants were fraudulently joined, as the Plaintiff’s claims against them were barred by the statute of limitations under the ICRA, which requires claims to be filed within 300 days of the alleged discriminatory act. The Plaintiff did not dispute the untimely filing but argued that the Defendants failed to prove fraudulent joinder. The court referenced 28 U.S.C. § 1332(a)(1) and § 1441(b)(2), explaining that diversity jurisdiction requires parties from different states and that fraudulent joinder occurs when a plaintiff improperly joins a defendant to defeat removal to federal court. The court found that the Plaintiff's arguments for excusing the late filing were unpersuasive and that allowing such claims would undermine the explicit limitations set by Iowa law. Ultimately, the court denied the Plaintiff's motion to remand, ruling that there was no reasonable basis for predicting liability against Porter and Cowles due to the untimely nature of the claims. Consequently, Jennifer Porter and Scott Cowles were dismissed from the lawsuit as fraudulently joined. The court also noted that the Plaintiff's counsel's derogatory remarks towards Defendants' counsel were inappropriate.