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Manning v. Manning

United States District Court, S.D. Mississippi, Western Division

January 12, 2015

L. H. MANNING, VIRGINIA WARREN, JOHN HENRY MANNING, EVA MANNING, AND GEANNIE JONES, Plaintiff,
v.
JOAN FRITSCHEN MANNING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF EDWARD RICHARD MANNING, DECEASED, AND ROBERT PERRY AND WIFE, PAIGE PERRY, Defendants.

MEMORANDUM OPINION AND ORDER

DAVID BRAMLETTE, District Judge.

This cause is before the Court on the defendants' motion to dismiss for failure to join a required party (docket entry 54). Having carefully considered the motion and the plaintiffs' response, the memoranda of the parties and the applicable law, and being fully advised in the premises, the Court finds as follows:

Rule 12(b)(7) of the Federal Rules of Civil Procedure provides that a party may assert, by motion, the defense of "failure to join a party under Rule 19." Fed.R.Civ.P. 12(b)(7). Rule 19, "Required Joinder of Parties, " provides as follows:

(a) Persons Required to Be Joined if Feasible.

(1) Required Party. A person who is subject to service of process and whose joinder will not deprive the court of subject-matter jurisdiction must be joined as a party if:
(A) in that person's absence, the court cannot accord complete relief among existing parties; or
(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:
(i) as a practical matter impair or impede the person's ability to protect the interest; or
(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.
(2) Joinder by Court Order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.
(3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss that party.

(b) When Joinder Is Not Feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:

(1) the extent to which a judgment rendered in the person's absence might prejudice that person ...

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