Coble v. Butler et al

Filing 39

ORDER denying 38 Motion to Join Additional Parties. Signed by Magistrate Judge Lawrence O Anderson on 10/7/2009. (LAD)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Philip Coble, Plaintiff, vs. Gary H. Butler, et al., Defendants.

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No. CV-09-8021-PCT-LOA ORDER

Plaintiff has filed a Motion to Join Additional Parties, docket # 38, seeking to join Michael Ray Fuquas' "case to this one due to similarity in the nature of both cases." (docket # 38) It is unclear whether Plaintiff seeks to join Michael Ray Fuquas as a Plaintiff in this matter, or whether he seeks to consolidate this matter with a separate action brought by Michael Ray Fuquas. Upon review of CM/ECF, however, the Court did not find any cases brought by this individual. Thus, it appears that Plaintiff simply seeks to join Michael Ray Fuquas as a party. Federal Rule of Civil Procedure 19 governs joinder of parties and sets forth the circumstances under which a party must be joined. Fed.R.Civ.P. 19(a). Plaintiff's motion consists of a single sentence requesting joinder "due to similarity in the nature of both cases." (docket # 38) Similarity between cases is not a sufficient basis for joinder under Rule 19(a). Plaintiff does not provide any other arguments in support of joinder, and has not satisfied the requirements of Rule 19(a). Accordingly,

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IT IS HEREBY ORDERED that Plaintiff's Motion to Join Additional Parties (docket # 38) is DENIED. DATED this 7th day of October, 2009.

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