Hallums v. Infinity Insurance Company, infdco20180320a37 (2018)
Court: District Court, N.D. Florida
Number: infdco20180320a37
Visitors: 3
Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: ORDER REQUIRING THAT PLAINTIFF CASTILLO'S LESSOR BE JOINED AS A DEFENDANT AND GRANTING LEAVE TO AMEND COMPLAINT FEDERICO A. MORENO , District Judge . THIS CAUSE came before the Court upon Plaintiffs' Motion for Clarification (D.E. 87), filed on March 7, 2018. THE COURT has considered the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ADJUDGED that Plaintiff Castillo's lessor be joined as a DEFENDANT because absent the "proper
Summary: ORDER REQUIRING THAT PLAINTIFF CASTILLO'S LESSOR BE JOINED AS A DEFENDANT AND GRANTING LEAVE TO AMEND COMPLAINT FEDERICO A. MORENO , District Judge . THIS CAUSE came before the Court upon Plaintiffs' Motion for Clarification (D.E. 87), filed on March 7, 2018. THE COURT has considered the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ADJUDGED that Plaintiff Castillo's lessor be joined as a DEFENDANT because absent the "proper ..
More
ORDER REQUIRING THAT PLAINTIFF CASTILLO'S LESSOR BE JOINED AS A DEFENDANT AND GRANTING LEAVE TO AMEND COMPLAINT
FEDERICO A. MORENO, District Judge.
THIS CAUSE came before the Court upon Plaintiffs' Motion for Clarification (D.E. 87), filed on March 7, 2018.
THE COURT has considered the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is
ADJUDGED that Plaintiff Castillo's lessor be joined as a DEFENDANT because absent the "proper case" exception,1 which is not present here, "the preferred method is to designate and serve involuntary parties as defendants . . ." Eikel v. States Marine Lines, Inc., 473 F.2d 959, 961 (5th Cir. 1973).2 Plaintiffs shall file a Second Amended Complaint no later than March 26, 2018, for the sole purpose of including Plaintiff Castillo's lessor as a DEFENDANT, thus permitting the Clerk to issue a summons. Defendants shall file an answer to the Second Amended Complaint no later than April 2, 2018.
DONE AND ORDERED.
FootNotes
1. "The proper case is meant to cover only those instances where the absent party has either a duty to allow the plaintiff to use his name in the action or some sort of an obligation to joint plaintiff in the action." Eikel, 473 F.2d at 962 (internal quotations omitted).
2. Fifth Circuit cases decided prior to October 1, 1981 are binding in the Eleventh Circuit. See Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc).
Source: Leagle
