Nasser Jaser v. New York Property Insurance Underwriting Association and Adriano Fernandes

CARDAMONE, Circuit Judge:

This appeal raises two issues. The first arises from the district court’s dismissal of plaintiff’s complaint for incomplete diversity. When plaintiff then moved for leave to amend his complaint to eliminate the nondiverse parties, the district court’s denial of that motion resulted in the second issue. With respect to this latter issue, the federal rules instruct courts to determine whether an action may in “equity and good conscience” proceed without the nonjoined parties. Fed.R.Civ.P. 19(b). As an alternative to dismissal, a court should take a flexible approach…