SN Servicing Corporation v. Western Bancorp

Filing 43

ORDER TO SHOW CAUSE RE: NECESSARY PARTY. SN Servicing must explain why Seneca Mortgaging Services, LLC is not a necessary party in this action by 8/17/2015. Signed by Judge Nathanael Cousins on 8/11/2015. (lmh, COURT STAFF) (Filed on 8/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SN SERVICING CORPORATION,

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United States District Court
Northern District of California

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Plaintiff,

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Case No.14-cv-04978-NC
ORDER TO SHOW CAUSE RE:
NECESSARY PARTY

v.

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WESTERN BANCORP,

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Defendant.

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The Court has reviewed the parties’ August 10, 2015, joint case management

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statement. Dkt. No. 42. Defendant Western Bancorp suggests that non-party Seneca

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Mortgaging Services, LLC is the injured party, not SN Servicing Corporation.

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Federal Rule of Civil Procedure Rule 19(a) provides,

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(1) Required Party. A person who is subject to service of process and whose

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joinder will not deprive the court of subject-matter jurisdiction must be

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joined as a party if:

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(A) in that person's absence, the court cannot accord complete relief among

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existing parties; or

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(B) that person claims an interest relating to the subject of the action and is

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so situated that disposing of the action in the person's absence may:

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(i) as a practical matter impair or impede the person's ability to protect

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the interest; or
Case No.:14-cv-04978-NC

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(ii) leave an existing party subject to a substantial risk of incurring

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double, multiple, or otherwise inconsistent obligations because of the

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interest.

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Additionally, the Ninth Circuit interprets Rule 19 to require joinder even when there

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is no cause of action between plaintiff and a party sought to be joined. E.E.O.C. v.

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Peabody W. Coal Co., 400 F.3d 774, 781 (9th Cir. 2005). If “[j]oinder is necessary for the

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‘sole purpose’ of effecting complete relief between the parties,” then the Court must order

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joinder of the required party. Id. at 781.

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Therefore, SN Servicing must explain why Seneca Mortgaging Services, LLC is not
a necessary party in this action by August 17, 2015. If Western Bancorp wishes, it may

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United States District Court
Northern District of California

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also explain by August 17, 2015, why it would support or oppose court-ordered joinder of

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Seneca Mortgaging Services, LLC. The parties should be prepared to discuss the issue

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further at the August 19, 2015, case management conference.

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IT IS SO ORDERED.

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Dated: August 11, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No.:14-cv-04978-NC

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