1 The Honorable Brian S. M iller, United States District Judge for the Eastern District of Arkansas, sitting by designation. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 10-2663

___________ Alice Coke, surviving spouse of * Larry Coke, deceased, * * Plaintiff - Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Loadmaster Corporation, * * [UNPUBLISHED] Defendant - Appellant, * * Nathanial Macon; Downing * Sales & Service, Inc., * * Defendants. *

___________ Submitted: April 12, 2011 Filed: July 6, 2011

___________ Before WOLLMAN and MELLOY, Circuit Judges, and MILLER, 1 District Judge.

___________ PER CURIAM. Alice Coke, a Missouri citizen, is the su rviving spouse of Larry Coke. Prior to his death, Larry worked as a garbage co llector. On January 17, 2008, Larry was2 On May 3, 2010, Loadmaster filed a mo tion to amend its answer to add as an affirmative defense that Larry's injuries were caused by Macon and that Macon's fault "must be compared" to any fau lt attributed to Loadmaster.

3 The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri.
-2- emptying a dumpster with a garbage truck when the dumpster struck him, resulting in his eventual death. On July 10, 2009, A lice filed an action in federal district court against Loadmaster—the alleged "designe[r] and manufacture[r]" of the garbage truck that Larry was operating at th e time of his injury. Ali ce asserted claims against Loadmaster for products liability and breachof implied warranty of merchantability.
On April 29, 2010—prior to the distri ct court's deadlines for amending pleadings and joining parties—Alice sought l eave to amend her complaint to join two new defendants, Nathanial M acon and Downing Sales & Se rvice, Inc. ("Downing"), who are both alleged to be Missouri citizens. 2 Alice alleges M acon was a co-worker of Larry's who was working with Larry atthe time of his injury, and she alleges Downing "distributed and sold" the garbag e truck. She asserts negligence claims against Macon, and she asserts products -liability, breach-of-implied-warranty-ofmerchantability, and negligence claims against Downing.
Loadmaster opposed Alice's motion to join Macon and Downing. On June 30, 2010, however, the district court 3 found that joinder was proper pursuant to Rule 20(a)(2) of the Federal Rules of Civil Procedure because all of Alice's claims against the defendants arise out of the same incide nt and because there are "several questions of law and fact common to a ll defendants." Thus, the court granted Alice's motion to amend pursuant to Rule 15(a)(2), which provides that "court[s] should freely give leave [to amend pleadings] when justice so requires." As a result of the joinder of Macon and Downing, however, the court f ound that it "no longer retain[ed] diversity-3- jurisdiction over [the] case." Thus, the c ourt "dismissed [the case] without prejudice to refiling in state court."
Loadmaster appeals, arguing that the di strict court erred in granting Alice's motion to amend. Specifically, Loadmaster argues that joinder is improper pursuant to Rule 20(a)(2). Alternatively, Loadmasterargues that even if joinder is proper, the district court abused its discretion in allowing Alice's amendment pursuant to Rule 15(a)(2) because Alice was dilatory in seeking joinder, because Alice seeks joinder for the purpose of destroying the district court's jurisdiction, and because allowing joinder will unduly prejudice Loadmaster . Bailey v. Bayer CropScience L.P. , 563 F.3d 302, 307 (8th Cir. 2009) (" The trial court's decision whether to allow amendment will be reviewed only for an abuse of di scretion." (internal quotation marks omitted)). We have carefully reviewed the record a nd considered the parties' arguments. We find no error in the district court's orde r allowing Alice to amend her complaint. Therefore, we affirm the order of the district court. See 8th Cir. R. 47B.

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