Hain Celestial Group, Inc. v. Palmquist · ¶38

This case is very different from Newman-Green. Here, the defendants are seeking dismissal of a nondiverse defendant, whereas in Newman-Green, the plaintiff sought the dismissal. Id., at 829. The identity of the party asking for the dismissal is important because “[t]he plaintiff is `the master of the complaint,' ” and generally has the right to choose whether to proceed in federal or state court. Royal Canin, 604 U. S., at 35. Dismissing a nondiverse party with the plaintiff 's consent is consistent with that right, as is a plaintiff 's ability to amend the complaint to “bring the suit either newly within or newly outside a federal court's jurisdiction.” Id., at 35–36.

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