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Joinder by Mind Map: Joinder
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Joinder

Simple PL Joinder

Rule 18

ANY Claim PL has against DF

Major limitation, SMJ test, Common nucleus of operative facts

Counter Claims

Rule 13

Compulsory, Rule 13(b), ST&O, Logical Relationship Test, SMJ, Will exist if needed, See if it will stand on its own first

Permissive, Rule 13(a), Everything that is not Compulsory, SMJ, Must stand on its own, FQ or diversity, A counter claim CANNOT create FQ

Cross Claims

Rule 13(g)

Between DF1 and DF2

Must meet requirements, ST&O as anchor, As determined by the same core of operative facts

SMJ, Will exist if needed

ALWAYS permissive

Permissive Party Joinder

Rule 20

PL can bring them if they want to

Claims must arise from ST&O or series of ST&O's, Two views, Narrow, Wigham (majority), Broad, Plant-Blazer

And, must share common question of law and fact

Impleader (TPP)

Rule 14

DF has opportunity to bring in third party DF

MUST be for derivative liability

What do you have to do?, Implead, Serve with summons and complaint, All timelines apply, Only have to make motion for leave of the court if wait 10 days after filing answer, SMJ, No problem if filed properly, PJ, Still must go thru PJ

What can TP DF do?, All joinder rules, Can assert any defenses DF has against PL, To break chain of liability

100 Mile Bulge

Rule 4(k)(1)(b)

ONLY in Rule 14 or 19

If they are within 100 miles of court house, you can get PJ

Compulsory Party Joinder

Rule 19

Follows a 12(b)(7) motion to dismiss for failure to join a necessary party

MUST bring in new DF, if feasible

Analysis, 19(a) Are they a necessary party?, 19(a)(1)(A) In the absence of the party, complete relief cannot be afforded, 19(a)(1)(B) Absentee claims an interest in subject matter so substantial..., 19(a)(1)(B)(i) As a practical matter, a judgment in their absence will impair or impede their ability to protect their interest, 19(a)(1)(B)(ii) Leave the party to a substantial risk of incurring double or multiple liability subject to inconsistent obligations, Can they be joined, Yes - Join them Rule 19(a)(2), No, goto 19(b), 19(b) Are they indispensible?, "In equity and good conscience," can the suit go forward, Extent of the prejudice to the party or existing parties, Extent to which that prejudice can be lessened or avoided, Protective provisions of the judgment, Shaping the relief (damages instead of specific performance), Other measures (Other joinder rules- intervention, interpleader), Whether judgment would be adequate, Does PL still have adequate remedy if dismissed?, Is there another court where their suit can be brought?

Intervention

Rule 24(a)

Of right

MUST

Raised on a timely motion, Timely motion, Court's discretion what is timely, How long have they known about the suit, What stage is the suit in, Prejudice to existing parties, Proposed pleading, Grounds:, Federal Statute, RARE, No litigation- its either there or it isnt, Unconditional right, Interest in the property or transaction, AND, As a practical matter, it may impair or impede their ability to protect that interest, UNLESS, that interest is already represented

SUMMARY - 5 Questions, Is the motion timely, If the jury's out, shitcanned, Do they have an unconditional right, Rare, Federal statute, Do they have an interest relating to the subject matter of the suit, As a practical matter, is their interest impeded, Are they already represented

Rule 24(b)

Permissive

Completely at court's discretion

MAY

Interpleader

Rule 22

Need:, A stake, Stakeholder, Potential for double or multiple liability, To or more adverse claimants to the stake, Adverse to each other, not the stakeholder

2 kinds, Rule (Rule 22), S1332, Need complete diversity, And more than $75,000, PJ, 4(k)(1)(a), State long arm statutes, minimum contacts, Venue, 1391, Judicial district where any DF resides, if they all reside in the same state, If not, where the property is located, Injunction?, Must meet anti-injunction req't, 2361, Deposit of the stake, Court has equitable power to require it, Statutory, S1335, Need minimal diversity, Between claimants, At least one claimant diverse from another, $500 or more, PJ, Nationwide service of process, Served anywhere in the US, Have jurisdiction in any court in US, 4(k)(1)(c), Venue, Where any claimant resides, No same state provision, Nothing with respect to where property is located, You can use an interested stakeholder residence, Injunction?, Automatic, Deposit of the stake, It is required