Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 14-2200
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg.
Gina M. Groh,
District Judge. (3:14-cv-00056-GMG)
Submitted:
HARRIS,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Tough
LLC,
Mudder,
General
Mills,
(collectively
dismissing
Peacemaker
Inc.,
Appellants)
their
jurisdiction.
Mita
LLC,
and
General
appeal
petition
to
National
the
compel
Training
Center,
Mills
Sales,
Inc.,
district
courts
order
arbitration
for
lack
of
Sengupta,
invoking
the
district
courts
diversity
court
Pittman,
wrongful
and
action
Airsquid
Ventures,
district
court
petition,
the
Maryland
citizenship
indispensable
death
party
with
under
against
Inc.
held
Fed.
R.
In
that
Sengupta,
Civ.
Appellants,
dismissing
Pittman,
was
P.
Travis
a
19,
who
shared
necessary
and
the
that
and
his
the district court erred when it held that Pittman was both a
necessary and indispensable party.
We review
court
must
dismiss
an
action
brought
in
diversity
Id.
other
reasons
provided
in
Rule
19,
party
is
the
interest.
Fed.
R.
Civ.
P.
19(a)(1)(B)(ii).
The
provision;
and
(2)
Sengupta
faced
the
substantial
risk
of
See Owens-Illinois v.
Meade, 186 F.3d 435, 438-41 (4th Cir. 1999) (holding that party
faces conflicting legal obligations and is necessary to an
action to compel arbitration where failure to join creates a
high potential for inconsistent judgments).
Having found Pittman a necessary party, we must assess, as
did
the
district
court,
whether
he
is
an
indispensable
one.
(3)
whether
judgment
rendered
in
the
persons
an
adequate
nonjoinder.
remedy
if
the
action
were
dismissed
for
Regarding the
second
factor,
Appellants
suggested
no
way
to
mitigate
the
Home Buyers
its
party.
discretion
Therefore,
when
it
the
held
district
that
the
court
action
lacked
would
defeat
jurisdiction
complete
under
28
court
Fed.
R.
did
Civ.
P.
not
19
As Pittmans joinder
diversity,
the
U.S.C.
1332(a),
district
and
we
affirm
the
district
courts
dismissal
are
adequately
presented
in
the
materials
before
this
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED