Federal Home Loan Mortgage Corporation v. Thomas et al (MAG2)

Filing 23

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
CORPORATION,
Plaintiff and
Counter-Defendant,
v.
ANTHONY THOMAS,
Defendant and
Counter-Claimant,
v.
WELLS FARGO BANK, N.A.,
Counter-Defendant.

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CIVIL ACTION NO.
2:16cv742-MHT
(WO)

OPINION AND ORDER
This

matter

is

before

the

court

on

defendant

Anthony Thomas’s motion to add Wells Fargo Bank, N.A.,
as a party.

Federal Rule of Civil Procedure 14(h)

provides

joinder

crossclaim

for
or

of

additional

counterclaim,

by

application

required and permissive joinder rules.
Civ. P. 19 & 20.

parties

to
of

a
the

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
an

answer

to

the

document

joinder as a party.

without

objecting

to

its

Furthermore, counsel for plaintiff

Federal Home Loan Mortgage Corporation and Wells Fargo
has

confirmed

motion.

verbally

that

they

do

not

oppose

the

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.
However,

the

counter-defendant,

court
not

will
a

add

Wells

Fargo

cross-defendant.

as

a

While

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.*
§ 1431

(3d

ed.)

See 6 Fed. Prac. & Proc. Civ.

(“Clearly,

a

crossclaim

may

not

be

* 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.
2

asserted against a party on the opposite side of the
action.[] A claim of this type is a counterclaim and is
governed

by

Rule

13(a)

or

Rule

13(b)

depending

on

whether it is compulsory or permissive.[]” (footnotes
omitted)).

Furthermore,

with

one

exception,

defendant’s claims against Wells Fargo are the same as
his counterclaims against plaintiff.†

Accordingly, the

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
granted.
(2) Wells Fargo is added as a counter-defendant.

†

One
of
defendant’s
claims--wrongful
foreclosure--was brought against Wells Fargo but not
plaintiff.
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.
3

(3) Should

the

parties

disagree

with

the

designation of Wells Fargo as a counter-defendant, they
must

object

within

seven

days

of

the

date

of

this

order.
DONE, this the 13th day of February, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE