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Wilson-Abrams v. Magezi

Injured Officer Must Set Forth Citizenship of Tractor-Trailer Defendants She Seeks to Join

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DECISION AND ORDER INTRODUCTION This case was referred to the undersigned pursuant to 28 U.S.C. §636(b)(1) by the Hon. Lawrence J. Vilardo for all pretrial matters and to hear and report upon dispositive motions. (Dkt. No. 23) Before the Court are plaintiff’s motions to amend the complaint and compel discovery. (Dkt. No. 17) For the following reasons, plaintiff’s motion to amend the complaint is denied without prejudice and plaintiff’s motion to compel discovery is denied as moot and without prejudice.1 RELEVANT FACTS Plaintiff Dominique Wilson-Abrams commenced this lawsuit in New York State Supreme Court, County of Erie, on December 9, 2019. (Dkt. No. 1-1) The complaint alleges that beginning at approximately 8:00 p.m. on January 29, 2019, through approximately 9:30 p.m. on February 1, 2019, the New York State Thruway Authority initiated a ban as to all tractor-trailers and commercial buses traveling on Interstate 90 between the Pennsylvania line and Exit 46 in Monroe County, New York. (Id. at 9) On January 30, 2019, at approximately 2:00 p.m., plaintiff, a police officer and resident of New York, was operating a 2016 Dodge patrol car bearing a New York State license plate marked “POLICE.” (Id. at 10) Plaintiff’s patrol car was situated stationary on the shoulder of the eastbound Interstate 90 in the Town of Leroy, New York, within the location of the travel ban. (Id.) At this same time, defendant Michael Lambert, a resident of Connecticut, was operating a 2019 International semi-tractor and attached trailer, owned by defendant Western Express Inc., whose corporate headquarters are located in Tennessee. (Id. at

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