Federal Home Loan Mortgage Corporation v. Thomas et al (MAG2)
OPINION AND ORDER: it is ORDERED that: (1) The motion to add Wells Fargo (doc. no. 1 -3) is granted; (2) Wells Fargo is added as a counter-dft; (3) Should the parties disagree with the designation of Wells Fargo as a counter-dft, they must object within seven days of the date of this order. Signed by Honorable Judge Myron H. Thompson on 2/13/2017. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
FEDERAL HOME LOAN MORTGAGE
WELLS FARGO BANK, N.A.,
CIVIL ACTION NO.
OPINION AND ORDER
Anthony Thomas’s motion to add Wells Fargo Bank, N.A.,
as a party.
Federal Rule of Civil Procedure 14(h)
required and permissive joinder rules.
Civ. P. 19 & 20.
See Fed. R.
Defendant filed a document labelled
“Third Party Crossclaims” (doc. no. 1-4) setting forth
his claims against Wells Fargo, and Wells Fargo filed
joinder as a party.
Furthermore, counsel for plaintiff
Federal Home Loan Mortgage Corporation and Wells Fargo
Therefore, the court assumes that joinder is
permissible under the rules, and will grant the motion
the motion to add Wells Fargo as a party.
defendant labelled the claims against Wells Fargo as
‘third party crossclaims,’ defendant’s claims against
Wells Fargo are not crossclaims under the Federal Rules
of Civil Procedure.*
See 6 Fed. Prac. & Proc. Civ.
* It is not clear to the court whether any of these
claims are properly called ‘third-party’ claims under
the Federal Rules, or whether such a designation would
have any impact on the case.
The Federal Rules of
Civil Procedure define third-party claims as those
brought by a defendant “on a nonparty who is or may be
liable to it for all or part of the claim against it.”
Fed. R. Civ. P. 14(a)(1). In any case, the parties are
free to argue in an objection that the claims against
Wells Fargo should be considered third-party claims.
asserted against a party on the opposite side of the
action. A claim of this type is a counterclaim and is
whether it is compulsory or permissive.” (footnotes
defendant’s claims against Wells Fargo are the same as
his counterclaims against plaintiff.†
court will refer to defendant’s claims against Wells
Fargo as counterclaims.
Accordingly, it is ORDERED that:
(1) The motion to add Wells Fargo (doc. no. 1-3) is
(2) Wells Fargo is added as a counter-defendant.
foreclosure--was brought against Wells Fargo but not
However, Federal Rule of Civil Procedure
18(a) provides that a “party asserting a claim,
counterclaim, crossclaim, or third-party claim may
join, as independent or alternative claims, as many
claims as it has against an opposing party.” The court
views the wrongful-disclosure claim as properly joined
pursuant to this rule.
designation of Wells Fargo as a counter-defendant, they
DONE, this the 13th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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