Maxwell v. Weyerhaeuser Co.

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
TAMEIKA S. MAXWELL 	PLAINTIFF
v. 	Case No. 1:26-cv-1004
WEYERHAEUSER CO. 	DEFENDANT
ORDER
Before the Court is Defendant Weyerhaeuser Co.’s Motion to Substitute Party. ECF No.
15. Pursuant to Federal Rule of Civil Procedure 21, Defendant seeks to substitute “Weyerhaeuser
NR Company” as the proper defendant in this action because that entity is the one which employed
Plaintiff at the relevant time and is the correct target for her employment related claims. Defendant
states that its counsel has conferred with counsel for Plaintiff and that Plaintiff does not oppose
the requested substitution.
Upon review, the Court finds that Defendant has shown good cause for the instant motion.
“On motion or on its own, the court may at any time, on just terms, add or drop a party.” Fed. R.
Civ. P. 21. Defendant has adequately explained why the party proposed to be substituted is the
proper entity for Plaintiff’s claims. 	Accordingly, Defendant’s Motion to Substitute Party (ECF
No. 15) is GRANTED. Weyerhaeuser NR Company is hereby substituted as the Defendant in
this action.
However, the Court finds that Defendant must address any impact this substitution may
have on the Court’s subject matter jurisdiction over this action. 	Plaintiff initially brought this
action in the Columbia County, Arkansas Circuit Court, asserting claims pursuant to Title VII of
the Civil Rights Act of 1964 and the Arkansas Civil Rights Act. 	ECF No. 3. 	Defendant then
removed this action to this Court pursuant to 28 U.S.C. § 1441. ECF No. 2. Defendant’s Notice
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of Removal states that this Court has subject matter jurisdiction over this action pursuant to either
28 U.S.C. § 1331 or § 1332. 	The Court subsequently dismissed Plaintiff’s federal law claims.
ECF No. 14. 	Subject matter jurisdiction over Plaintiff’s state law claims is now contingent on
satisfying the requirements of § 1332. 	Therefore, Defendant is directed to submit an amended
Notice of Removal within fourteen (14) days of this Order which adequately alleges the citizenship
of Weyerhaeuser NR Company and this Court’s jurisdiction over the remaining claims pursuant
to § 1332.
IT IS SO ORDERED, this 12th day of May, 2026.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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