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Aigeltinger v. Target Corp.

Codefendants' Joinder in Suit Against Target Destroys Diversity, Leads to Action's Remand

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MEMORANDUM DECISION and ORDER I. INTRODUCTION On December 11, 2020, Mary Aigeltinger (“Aigeltinger” or “plaintiff”) filed this action against Target Corporation (“Target” or “defendant”) in the Supreme Court, Onondaga County. See Ex. B to Dkt. No. 1. Plaintiff’s one-count complaint alleges that defendant was negligent for allowing a hazardous condition to exist on the sidewalk outside of its store entrance, thereby causing her to fall and sustain injuries. Id. On June 30, 2021, Target removed the case from Onondaga Supreme Court based on diversity jurisdiction. See Dkt. No. 1. Following an amendment to defendant’s notice of removal, Dkt. No. 18, the parties engaged in a period of discovery, see, e.g., Dkt. No. 34. On July 1, 2022, Aigeltinger moved under Rules 15 and 20 of the Federal Rules of Civil Procedure to allege additional facts regarding injuries that she has suffered as a result of her fall, and join as defendants Benderson Properties, Inc., Benderson Niagara Associates, Inc., Randall Benderson, David H. Baldauf, and The Ronald Benderson 1995 Trust (collectively “Benderson”). Dkt. No. 53. The motion has been fully briefed and will be considered on the basis of submissions without oral argument. II. BACKGROUND The following facts are taken from Aigeltinger’s proposed amended complaint. See Dkt. 53-4. On April 19, 2020, Aigeltinger was on the premises of a Target store. Am. Compl. 10. As plaintiff was “walking slowly and carefully on the sidewalk,” “her foot caught in a hole and/or jagged edge in the sidewalk outside the front main entrance as she attempted to enter the store” causing her to fall to the ground, hitting her face, hands, and knees on the sidewalk. Id.

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