Xcentric Ventures, LLC, et al., v. Richeson

Filing 44

ORDER that Defendant's 39 "Cross Claim - Against Ed Magedson and Maria Crimi Speth" and 41 "FRCP 36 Request for Admissions from Edward Magedson" are STRICKEN. Signed by Judge David G Campbell on 10/22/10. (ESL)

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Xcentric Ventures, LLC, et al., v. Richeson Doc. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Xcentric Ventures, LLC, an Arizona) limited liability corporation, and Jaburg &) Wilk, P.C., a professional corporation, ) ) ) Plaintiff, ) ) vs. ) ) ) Shawn Richeson, ) ) Defendant. ) ) No. CV 10-1931-PHX-NVW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Defendant, acting pro se, has filed a "Cross Claim - Against Ed Magedson and Maria Crimi Speth." (Doc. 39.) The "Cross Claim" asserts a cause of action for RICO violations. However, Ed Magedson is not a party to this action. Maria Speth, although counsel of record to Plaintiffs, is likewise not a party. If Defendant wishes to join Magedson and Speth under a RICO theory, he must first move for leave to amend his counterclaims and add Magedson and Speth as counter-defendants. See Fed. R. Civ. P. 15(a)(2), 20(a)(2); 4 James Wm. Moore, Moore's Federal Practice 20.02[2][b][ii] (3d ed. 2010) (defendant must seek leave for permissive joinder if defendant has already filed counterclaims). Assuming the Court granted leave, Defendant would then need to effect service of process on them under Fed. R. Civ. P. 4. Defendant has also filed "FRCP 36 Request for Admissions from Edward Magedson." (Doc. 41.) Again, Mr. Magedson is not a party to this action. Further, a party Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall not file discovery requests with the Court unless and until such requests are needed to dispose of a motion. IT IS THEREFORE ORDERED that Defendant's "Cross Claim - Against Ed Magedson and Maria Crimi Speth" (Doc. 39) and "FRCP 36 Request for Admissions from Edward Magedson" (Doc. 41) are STRICKEN.1 DATED this 22nd day of October, 2010. The Clerk shall nonetheless leave the document images in the electronic records of the Court. -2- 1

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