The Court of Appeals for the Seventh Circuit set forth the factors which a court should consider in determining whether a post-removal joinder of a non diverse party is appropriate. In Schur vs. L. A. Weightloss Centers, 577 F.3d 752 (7th Cir. 2009) the Defendant removed the suit to the federal court. Over a year after suit was filed, Plaintiff moved for leave to amend the complaint to add claims against additional defendants, two of whom were non diverse. Eleven days after that Plaintiff moved to remand the case to state court because the addition of those defendants destroyed diversity jurisdiction. The court announced the following factors to be used by the court to determine whether the post-removal joinder is appropriate. The court said:
Our court has not articulated a framework for determining whether post-removal joinder of a nondiverse party is appropriate. Many other courts, however, including district courts within our circuit, have applied the following factors, which we now adopt: (1) the plaintiffs motive for seeking joinder, particularly whether the purpose is to defeat federal jurisdiction; (2) the timeliness of the request to amend; (3) whether the plaintiff will be significantly injured if joinder is not allowed: and (4) any other relevant equitable considerations. (Citation omitted) (p. 759).