Raiford et al v. National Hills Exchange, LLC et al

Filing 267

ORDER directing the parties to brief the issue whether the current owner of the shopping center must be joined as party under Rule 19. Brief due by 10/14/2016. Signed by Judge J. Randal Hall on 10/07/2016. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

J. WAYNE RAIFORD and B, T & R

*

Enterprises, LLC,

*
*

Plaintiffs,

*

v,

*

NATIONAL HILLS EXCHANGE,

CV

111-152

*

Defendant.

*
*

ORDER

In

Hills

this

case,

Exchange,

Plaintiffs

LLC

breached

Augusta,

shopping

center

in

National

Hills

Exchange

equitable

allege

remedy

for

Defendant

a purchase-sale

(Doc.

insolvent,

Plaintiffs

alleged

National

agreement

Georgia.

is

the

that

breach.

1.)

for

a

Because
seek

an

Specifically,

Plaintiffs request that the Court grant them an interest in the

company that currently owns the shopping center.
orders,
relief.

the Court
(See Doc.

has

questioned

118 at 72;

Doc.

its

ability

239 at 28.)

In previous
to

grant

this

But neither

party has addressed the issue.
Under Federal Rule of Civil Procedure 19, a court must join

a party if:

accord

"(A)

complete

in that person's absence,

relief

among

existing

the court cannot

parties;

or

(B)

that

person claims an interest relating to the subject of the action
and is so situated that disposing of the action in the person's
absence

may . . . impede

interest . . . ."
whether

it

joining

the

can

Fed. R.

grant

current

Accordingly,

the

issue by Friday,

the

the

owner

parties

person's

Civ.

P.

relief

of

the

are

October 14,

19(a).

shopping
to

to

protect

the

The Court questions

Plaintiffs

ORDERED

2016:

ability

seek without

center
brief

as

the

a

first

party.

following

Whether the current owner of

the shopping center must be joined as a party under Rule 19.

ORDER
October,

ENTERED

at

Augusta,

Georgia

this

__/_^/^day

of

2016.

H0W9RMKLE J.

RANDAL HALL

UNITED]STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA