Reported / Citable
Background
Denise Williams Cumbo sued Amazon.com, Inc., Amazon.com Services, LLC, and Amazon Logistics, Inc. in Texas state court. The Amazon defendants removed the case from Harris County’s 164th Judicial District Court on November 19, 2025, asserting diversity jurisdiction.
On March 18, 2026, Cumbo amended her complaint to add Citizen Global Logistics, Inc., which she alleged was a Texas citizen. She moved to remand, contending that Citizen Global’s joinder eliminated diversity. No party responded to the motion.
The Court’s Holding
Judge Andrew S. Hanen denied the remand motion without prejudice. The court held that Cumbo had not shown that Citizen Global was properly served under Federal Rule of Civil Procedure 4, and Citizen Global had not otherwise appeared in the action.
Because Citizen Global was not yet a party to the lawsuit, the court concluded that its alleged Texas citizenship had not destroyed diversity jurisdiction. The court ordered Cumbo to serve Citizen Global by September 15, 2026, and stated that it would dismiss the claims against Citizen Global without prejudice if she failed to do so.
Key Takeaways
- An amended complaint naming a nondiverse defendant did not require remand where the plaintiff had not established that the defendant was served or had appeared.
- The court treated the unserved, nonappearing defendant as not yet a party for purposes of the remand motion.
- The denial was without prejudice, leaving Cumbo the ability to renew her request after proper service.
Why It Matters
The order underscores that a plaintiff seeking remand based on a newly joined nondiverse defendant must establish that the defendant has become a party to the federal action. Alleging the defendant’s citizenship alone did not suffice here.
The court also set a firm service deadline, making service status consequential both to jurisdictional arguments and to preservation of claims against the newly named defendant.